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ianba · Joined: 26 Feb 2003 Posts: 31

I have access rights over my neighbours driveway as it leads to my garage. A couple of weeks ago, the manhole cover collapsed leaving a very large hole in the middle of the drive. I don't use the drive as my garage is too small for my car (it's used as a workshop), and it is the tenants who live in the house next door who drive over it everyday, thus causing it to collapse. 2 weeks on, the owner still hasn't done anytrhing about the damage. I put a sheet of Plyboard over it, just to stop anyone (including my 2 year old) falling down the hole. The owner is aware as the tenants have told him about it.

Is there anything that I can do to get him to hurry up? Do I have any obligation to pay towards the costs of repair as I don't use the drive, nor do I own it.

thescruff · Moderator Joined: 03 May 2003 Posts: 4418 Location: Bath

having access rights over the property has a large value to your property, with that in mind, plus the kids falling down the hole blah, blah, blah.

For the sake of a few quids (peanuts) buy a new one, and send him the bill if you must.

AGILE · Posted: Sun Jun 18, 2006 12:05 am Post subject:

If you have formal access rights based on a wayleave agreement then it would normally set out what maintenance is to be paid.

In the absence of any formal agreement then it would usually be based on your proportion of the usage but this would usually be 50% if each property had access to one garage.

The mere fact that you may not use the access makes no difference because you have the right to use it.

The amounts are minimal and the sooner its made good the better.

Tony