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Cross lease + fences - "common" driveway that provides access to rear property only

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  • Cross lease + fences - "common" driveway that provides access to rear property only

    (I added a little diagram to make the following explanation clearer, but am not allowed to post links. The image is at imgur.com slash xMcmbdx ).

    I own section 14A of a property under a crosslease, while 14B is owned by someone else. There is a driveway which only provides access to the back property.

    My neighbours who own the full property at #16 are wanting to replace their fence, and have suggested we pay a third of the cost each. I don't think this is correct; I believe they should pay 50% of the cost.

    How should the other 50% be divided?

    My house is completely fenced off from the driveway (this fence doesn't need replacing). I can't even see the fence that they want to replace from my house; and don't use the driveway at all.

    Am I required to pay for half of this fence, or should more of the cost go to the owners of 14B, given they are the only ones who use the driveway (and the fence!)?

    There may be no "single" answer to this question, but am just looking for some advice - what is "normal", what is "fair", whether there is anything I should be looking for in paperwork as to what is "legal", etc.

    Thanks in advance!


    Edit - I think I may have found the answer to my own question. In the lease agreement, the driveway is marked as "C", with a note saying I cannot use:

    10d) That part of the land marked "C" on Deposited Plan xxxxxx but only for the purposes of such pedestrian access as may be required to maintain the flat and to allow the electricity meter for the flat to be read as and when required.

    C is also marked as a restricted area, rather than a 'common area' like most shared driveways would be.

    So I think that means everything else - including the fence - belongs to the other flat. Does that sound right?
    Last edited by smerriman; 20-10-2019, 03:19 PM.

  • #2
    'use' doesn't mean 'ownership'?

    what does the lease agreement say about maintenance and repairs? does it cover replacement fences etc?