In The Press

In a recent article published by the Daily Mail, Hassan Dervish, Director of Housing Law at Duncan Lewis Solicitors, provided expert legal insights on a common issue faced by homeowners: disputes over shared driveways. The query posed revolved around a deteriorating shared driveway and a neighbour's refusal to contribute to repair costs, raising the question of whether the aggrieved homeowner could legally enforce their neighbour's financial contribution.

Discussing the matter, Hassan emphasised that while these situations are frequent, the resolution is rarely straightforward. He advised that the first and most critical step is for homeowners to review their property’s title deeds and registers of title, as well as those of their neighbour. These documents, obtainable via the HM Land Registry, will typically outline the legal responsibilities regarding the maintenance and repair of shared spaces, including driveways.

“There is no one-size-fits-all response,” Hassan noted, but the title deeds will clarify the rights and obligations of both parties. It may well be that both homeowners are equally responsible for the upkeep of the driveway. However, he cautioned that even with access to these documents, the situation could remain ambiguous, particularly if one or both of the parties are not the original homeowners.

Hassan also highlighted the importance of maintaining diplomacy when approaching a neighbour over such disputes. He recommended starting with a friendly discussion to resolve misunderstandings, as formal legal action should be considered a last resort. Where direct conversations fail, he suggested engaging a professional mediator to facilitate a constructive dialogue.

For homeowners facing this situation, or a similar one, it is recommended to seek legal advice from a solicitor who specialises in neighbour disputes. A solicitor can help by drafting a formal letter that outlines the potential legal consequences if the neighbour continues to refuse their share of the responsibility. This approach can often resolve the issue without the need for further escalation.

The full article can be read here: Our shared driveway is damaged but my neighbour won't help with repair costs - can I force him to pay up? – Mail Online

About the Author

Hassan Dervish is a Director within the Housing department at Duncan Lewis Solicitors. With more than 20 years of post-qualification experience, Hassan’s specialty lies in all aspects of housing litigation and tenant/landlord disputes. Hassan has experience acting for both landlords and tenants in matters including adverse possession, possession and forfeiture proceedings, service charge disputes, disrepair, bringing and defending injunctions, boundary disputes, property nuisance/negligence claims, and injunction and committal proceedings.

For advice or assistance on a Housing matter, contact Hassan via email at HassanD@duncanlewis.com or by telephone at 02079238521.

Duncan Lewis’ Housing Team

Duncan Lewis' Housing team, ranked by The Legal 500 directory as a Top Tier practice for its services, offers both publicly funded (legal aid) and privately funded legal services from 14 key offices nationwide. Duncan Lewis Housing Solicitors can guide clients in any matter or issues arising with local housing authorities, housing applications, tenants, landlords, ownership and repairs. With a niche expertise in unlawful eviction, disrepair and homelessness matters the team offers representation in all proceedings including reviews, appeals and judicial review proceedings.

Duncan Lewis Solicitors

Duncan Lewis is renowned for its exceptional legal services and commitment to justice. The award winning company employs a team of highly skilled solicitors offering top-tier representation in 25 fields of law, and ranked as top tier by the Chambers and Partners and the Legal 500 legal guides, and as one of the top 250 law firms in the country by the Times. Duncan Lewis was crowned Law Firm of the Year at the prestigious Lexis Nexis awards 2024.