SHARED DRIVEWAY AGREEMENT
Important legal advice, jurisdiction and formality warning
This fictional agreement is a worked example, not legal advice and not a substitute for a deed, transfer or Land Registry application. It concerns adjoining properties in England and Wales. The parties must inspect their registered titles, plans, transfer covenants, mortgages, rights of way and any third-party rights. A personal agreement may not bind a purchaser or create, vary or release an easement. If the parties intend a permanent land right, they should obtain conveyancing advice and use an appropriate deed with any required lender consent and registration. Do not obstruct access while a dispute is being considered.
1. Parties and land
This agreement is made on 4 April 2027 between Nora Elise Whitcomb, owner of 12 Alder Grove, Bath BA1 6QH, and Jonas Michael Reed and Leah Rose Reed, owners of 14 Alder Grove, Bath BA1 6QH. Nora is called Party A and Jonas and Leah together are called Party B.
The parties share the paved access drive running from Alder Grove to the rear parking spaces. The shared surface is shown blue on the plan prepared by West Country Land Surveys dated 27 March 2027. It begins at the highway entrance at a point 4.8 metres wide, continues for 18 metres, and ends at the turning area behind the houses. Party A’s parking bay is marked A and Party B’s two bays are marked B1 and B2. The plan is descriptive only and does not alter either registered title.
The title for 12 Alder Grove is AVN 381902 and the title for 14 Alder Grove is AVN 381903. The parties believe each title contains rights and obligations concerning the shared access, but they agree to act consistently with those rights and to ask their conveyancers if this agreement conflicts with them. The agreement regulates their present use and cost sharing; it is not intended to grant an easement or release an existing one.
2. Access and permitted use
Each party may pass and repass over the shared drive on foot, by bicycle and in a private motor vehicle to reach its own parking area, at all times and for ordinary residential purposes. Visitors, carers, delivery drivers and contractors may use the drive for a reasonable period when attending the relevant property. A vehicle must be driven slowly, must not exceed 5 mph, and must not be left unattended on the shared surface except for loading or unloading, which may last no more than 30 minutes.
Party A may park one vehicle only in bay A. Party B may park one vehicle in each of bays B1 and B2. No party may store a trailer, caravan, commercial equipment, skip, boat or materials on the drive or turning area. A removal van or contractor’s vehicle may stand temporarily if the party gives at least 24 hours’ notice where practicable and keeps a clear route for the other party. Emergencies, utility access and lawful authority vehicles take priority.
No party may install a gate, bollard, charging cable, camera directed into the other home, speed bump or other obstruction without the other party’s written consent and any necessary consent from the highway authority, insurer, lender or planning authority. A party may install a retractable hose or temporary equipment only if it is removed immediately after use and does not create a trip hazard. Children and pets must be supervised on the drive.
3. Maintenance and costs
The parties will keep their own parking bay free from oil, weeds and avoidable obstruction. They will jointly maintain the shared surface, entrance, drainage channel, lighting column and boundary gate. Routine sweeping and weed control will be done quarterly, with Party A arranging March and September visits and Party B arranging June and December visits. Each party will reimburse half of an agreed contractor’s invoice within 14 days.
The surface was inspected on 27 March 2027. The surveyor recorded three cracked blocks near the highway, a loose hinge on the gate and a blocked gulley. The agreed initial works are to replace 18 blocks for £684, repair the hinge for £126 and clear the gulley for £90, giving a total of £900. Both parties reviewed two written quotations: Greenway Paving of Bath quoted £900 and Southgate Surfacing of Keynsham quoted £1,080. They selected Greenway Paving’s £900 quotation after comparing the scope, price and proposed start date, and that review and selection constitute the parties’ written approval under this agreement. Party A will pay £450 and Party B will pay £450. The works will be commissioned by 30 April 2027 from Greenway Paving of Bath, and no party will treat the contribution as an admission about historic responsibility.
A repair expected to cost more than £750 including VAT requires the other party’s written approval and at least two written quotations unless an emergency makes that impracticable. If an urgent defect threatens safety, drainage or access, either party may arrange reasonable temporary work up to £750 after notifying the other as soon as possible. A planned resurfacing or structural drainage project requires a written scope, a contribution schedule and a decision made at least 30 days before work begins.
The default cost split for shared repairs is 50% to Party A and 50% to Party B. A repair exclusively benefiting or caused by one party, its visitor, tenant or contractor is paid by that party, after a reasonable opportunity to inspect the evidence. Damage caused by an unknown third party will be shared equally unless insurance or recovery provides another allocation. Each party will insure its own house, parking bay and possessions. The parties will consider joint public-liability cover if an insurer offers suitable terms.
4. Responsibilities and conduct
Each party will keep drains and gutters serving its own property clear, trim vegetation that overhangs the shared drive from its land, and ensure that contractor instructions do not damage the surface. Neither party may discharge chemicals, wash vehicles, burn waste or carry out noisy works on the shared area in breach of applicable law. A party will promptly tell the other about an accident, subsidence, leak, theft or damage that may affect shared safety or insurance.
The parties will exchange current telephone and email details solely for access, repair and safety communications. At the date of this agreement Party A’s contact is norawhitcomb@example.test and 01225 555 184; Party B’s lead contact is Jonas Reed at jonas.reed@example.test and 01225 555 291. Contact details must be kept confidential and deleted when no longer needed, subject to a genuine claim or legal duty.
5. Decisions, default and dispute process
A party that proposes non-urgent work will send the scope, price, contractor and proposed date by email. The other party will respond within ten business days. Silence is not consent. If a party fails to pay an agreed contribution, the paying party will send an invoice and seven-day reminder. If still unpaid, the paying party may seek recovery of the proven contribution and reasonable court fees, but must not block access, remove the defaulting party’s property or disconnect a service.
The parties will meet at 12 Alder Grove within ten business days of a dispute arising. If unresolved, they will jointly appoint Bath Neighbour Mediation, with the mediator’s fee split equally unless the mediator recommends another fair allocation. Either party may obtain urgent injunctive relief, protect a person from danger or comply with a statutory notice while mediation is pending. A claim will be brought in the county court with jurisdiction over Bath unless another court is required by law.
This agreement is governed by the law of England and Wales. It binds the parties personally from 4 April 2027. It does not purport to bind a successor in title. Before either property is sold, its owner will give the buyer a copy and ask a conveyancer to consider whether a deed or transfer covenant should preserve the practical arrangements. Any amendment must be in writing and signed by all current parties.
Signatures
Signed by Nora Elise Whitcomb, Party A Signature: ____________________ Date: 4 April 2027
Signed by Jonas Michael Reed, Party B Signature: ____________________ Date: 4 April 2027
Signed by Leah Rose Reed, Party B Signature: ____________________ Date: 4 April 2027