Conveyancing Solicitors in Birmingham resolve a shared-driveway

Many older, semi-detached properties in Birmingham have a shared driveway running between adjacent pairs of houses, with space for parking at the rear. Solicitors usually find when undertaking Conveyancing in Birmingham that the legal boundary runs along the mid-point between the houses, with each having a legal right of way over that part of the drive within the neighbour’s title. However when acting for purchasers they do have to check the title to make sure that necessary rights have been granted, and also that any such access is capable of being used and has not been blocked.

Property Lawyer Fayruz Cahill acted for Mr and Mrs A who were buying a house in Olton Boulevard East, Birmingham, West Midlands, B27 in 2010. The sales details received from Bartleys, the sellers’ agents, of 321 – 323 Fox Hollies Road, Acocks Green, Birmingham, B27 7PS showed that the dwelling was a former council-owned building which apparently enjoyed a shared side access to the rear garden.

When Fayruz received an official copy of the land registry title from the lawyers acting for the sellers, the Home Solicitors of 117 Chorley Road, Swinton M27 she saw that the register included the following note:

“The land has the benefit of the rights granted by but is subject to the rights reserved by the Transfer dated 2 May 1986 made between (1) The City of Birmingham District Council and (2) Phyllis Laura Louise Maybury”

As the sellers’ lawyers had not sent a copy of this deed, she asked them to obtain a copy and forward it to her. Once Fay had received it, she was able to confirm that it did grant a legal right over that part of the driveway within the title of the neighbouring building, but was subject to a similar right for the benefit of the other owners. There were also provisions for any maintenance costs to be shared.

Fay asked the sellers to confirm that they had been able to use the access, and that there had been no disputes with the neighbours about this. They were able to confirm that there were no problems, and also that they had never had to pay anything for maintenance. 

Because many of these shared driveways are quite narrow they are often not now used by cars, but this does not necessarily mean that the legal access rights cease to exist. As part of any Conveyancing in Birmingham, your Solicitor will make necessary enquiries about all rights of way which should benefit the property you are buying and advise you as necessary.

Get a quote online for all Conveyancing in Birmingham, or phone 0330 660 0286 and speak to our team today.