Shared driveways

Summary

A shared driveway is partly on two properties' land, or one neighbour's land that another needs to access their property. Owners typically have rights of way set out in title deeds. Under the Highways Act 1980, obstructing a shared driveway (including by parking or storing bins) is unlawful. Neither neighbour has a legal right to park on a shared driveway unless agreed — parking is generally obstruction.

Key information

• Ownership: Often one person owns the driveway while the neighbour has a right of way in the deeds. Check your title deeds.
• Obstruction: Parking or storing bins on a shared driveway is legally obstruction of a highway under the Highways Act 1980.
• Maintenance: Usually shared equally — check your deeds for specific arrangements.
• Parking: Legally, no one has the right to park on a shared driveway. Informal arrangements between neighbours are not legally binding rights.
• Bins: Storing bins on the shared area counts as obstruction.
• Separation or buy-out: You may be able to buy out a neighbour's access rights or formally divide the driveway, but all parties must agree and title deeds must be amended — get property law advice.

Related topics

More in this area

• What are the three types of easements?
• If you disagree with your neighbour about a wall or fence
• Right of Way & Access To Back Garden: What You Need To Know
• Shared Driveways: Common Problems & Your Rights
• What does easement by prescription mean?