When you share amenities with your neighbour
Who is responsible
There may be amenities shared between two or more properties, for example, drains and pipes, shared drives or the roof of a block of flats. Responsibility for maintaining them and rights to use them, for example, putting up an aerial on a shared chimney, are usually outlined in the property’s legal documents.
The legal documents may give you, as a property owner, rights over your neighbour’s property. Sometimes they are not included in the legal documents but have arisen out of long, continuous and unchallenged use (usually 20 years). A right to use, for example, a pipe through a neighbour’s property implies a right to go on that neighbour’s property to undertake repairs, although any damage incurred to that property must be made good. If access is refused, an application can be made to a county court for an access order (see Access to a Neighbour's Property section).
NOTE: if you do not have copies of the legal documents regarding your house ask the solicitor/conveyancer that you used when you purchased the property as they will have a copy.
Where there is a shared amenity which is in need of repair the first step is to find out who is responsible for repairs. However, the legal documents may not always provide clear evidence and, in this case, it is probably best to settle in advance that the costs will be shared between owners.
The next stage will probably be to get a surveyor or architect to inspect and report on the part of the property requiring repairs. Estimates will have to be sought and finally a contract made with builders. It is essential that at each stage when a cost is incurred the household initiating the repairs has the consent of the other parties responsible.
If some or all of the properties involved is rented, the landlord may be liable for repairs.
Whilst every effort is made to ensure that the legal information contained on “YouandYourRights” is accurate, it does not constitute legal advice tailored to your individual circumstances. If you act on it, you acknowledge that you do so at your own risk. Neither the Proprietor nor Dean Dunham can assume responsibility and do not accept liability for any damage or loss which may arise as a result of your reliance upon it.