1/5 share of driveway

[GenY]

Hi I'm looking at a freehold fee simple property that also has 1/5 share of a driveway on the title. Is this a problem at all?I've never come across this. Thanks GenY

[KyronGosse]

It is quite common, I have seen it a few times now.From my understanding it does limit any further development on the property

[Ahar]

It is quite common, I have seen it a few times now.From my understanding it does limit any further development on the property

Might stop you from doing a subdivision/cross lease..... this depends on the width of driveway and how many "sections" the council will allow to be serviced by this.

[flyernzl]

Also consider the potential for interpersonal conflict when the driveway eventually needs maintenance.

[Wayne]

had a place with a shared drive once - never again. Too many problems.

[Ivan McIntosh]

The problem with them, as Wayne and FlyerNZL note, is getting other owners to pay their share of maintenance or get agreement to upgrading.

However, since the Property Law Act 2007 came in, there have been rules covering this for access lots.

See clause 298 at http://www.legislation.govt.nz/act/p...DLM969523.html

298 Rights of proprietors of access lot that is or includes driveway or proposed driveway

• (1) This section applies to the proprietors of an access lot that is or includes a driveway or proposed driveway.
  
  (2) Each of those proprietors has, in common with the rest of them, the same right to pass and re-pass over and along the access lot that the grantor and grantee of a vehicular right of way have (in common with one another) in respect of that right of way under clause 1 of Schedule 5.
  
  (3) Each of those proprietors has against one another in respect of the access lot the same rights that the owners and occupiers of the land for the benefit of which, and the land over which, a vehicular right of way is granted have against one another in respect of that right of way under clause 2 of Schedule 5.
  
  (4) Clause 3 of Schedule 5 applies to each of those proprietors in respect of the access lot in the same way as it applies to persons bound by, and persons entitled to enforce, in either case in respect of a vehicular right of way, the covenants in Schedule 5.

Clause 2 of Schedule 5 covers maintenance:

Right to establish and maintain driveway

• The owners and occupiers of the land for the benefit of which, and the land over which, the right of way is granted have the following rights against one another:
  • (a) the right to establish a driveway on the land over which the right of way is granted, and to make necessary repairs to any existing driveway on it, and to carry out any necessary maintenance or upkeep, altering if necessary the state of that land; and
  • (b) any necessary rights of entry onto that land, with or without machinery, plant, and equipment; and
  • (c) the right to have that land at all times kept clear of obstructions, whether caused by parked vehicles, deposit of materials, or unreasonable impediment to the use and enjoyment of the driveway; and
  • (d) the right to a reasonable contribution towards the cost of establishment, maintenance, upkeep, and repair of the driveway to an appropriate standard; and
  • (e) the right to recover the cost of repairing any damage to the driveway made necessary by any deliberate or negligent act of a person bound by these covenants or that person’s agents, contractors, employees, invitees, licensees, or tenants.

The problem, of course, can be enforcing the right to get contributions to maintenance etc...but then that's a feature of all types of shared driveway. Better to have your own driveway, but if you can't then at least this type is not really any worse than other types.