Gates for shared driveway, when all agree.

Gates for shared driveway, when all agree.

Postby fire_ash » Wed May 17, 2017 12:18 am

Hello. Our situation is as follows. It is a newly built estate (couple of years) and ourselves and our neighbours live in little cul de sac, which is effectively a shared driveway with corresponding right of way for all of us to access properties (4 houses).
There is a mutual agreement among all of us to install a gate at the entrance to the shared driveway (with the intention to close only during the night). The question I have, what sort of legal aspects we need to consider prior to installation, e.g.
1. Is there anything about emergency services needing access 24/7?
2. Is it worth for us signing some form (free form?) of agreement, or it wouldn’t have any legal weight? I wouldn’t expect if someone would sell, but for now?
3. Informing the estate building company?
4. Anything else?
Any advice is appreciated. As it is only planning days, we’d like to have everything covered.
Thank you.
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Re: Gates for shared driveway, when all agree.

Postby mugwump » Wed May 17, 2017 6:54 am

Who owns that bit of road? Has it been adopted?
I assume that since you say you have rights of way over it then the houses in the cul-de-sac don't own it. You will need to seek permission from the owner.
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Re: Gates for shared driveway, when all agree.

Postby MacadamB53 » Wed May 17, 2017 8:27 am

Hi fire_ash,

1. depends on how far from the gate the houses are - contact your local Fire Safety Officer to discuss
2. depends what it contains - but enforcing it would cost time and lots of money if a party reneged
3. depends if they own the road or not
4.
who owns the road? if it's not you four you ought to scrap the idea.
is the road a highway? if it is you must scrap the idea.
other points to consider:
adding a lock may cause problems in the future
successors can ignore any agreement
visitors don't have to close it


Kind regards, Mac
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Re: Gates for shared driveway, when all agree.

Postby mr sheen » Wed May 17, 2017 12:13 pm

This is fraught with issues, some already raised above.
Owner can force removal.
Who decides when the gates are closed? Who physically closes them? What about a maintenance contract and costs? What happens in an emergency? What about legitimate visitors eg Doctor visits in an emergency? What happens if people don't comply....nothing.
If all owners agree now, any could withdraw consent at any point ...what will happen then? Will gates be removed?
If you choose to have a legal agreement drawn up with penalties and enforcements ....who will enforce ? What happens when someone wants to sell? They could then withdraw consent or they could insist they are removed if their purchasers don't want them.
Is there a security problem in the area that this is seeking to address? Or is it to demonstrate that it is a private road.

Have you costed this? Has agreement been reached based on specific costs and contract ? Or is it that there has been a nod from each owner that this sounds like a good idea? Sort out the specifics and costs and then go back with contracts to sign and enthusiasm will probably wane rapidly
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Re: Gates for shared driveway, when all agree.

Postby fire_ash » Wed May 17, 2017 11:19 pm

Thanks to all for grilling comments and questions, all very valid. I'll try to answer all I know.
- The shared driveway (accessway, as it is called) belongs to one of the neighbours, who is also adamant for the gate.
- The road is not a highway
- Gates will be open and closed on first-out, last-in basis respectively (only closed at night)).
- Maintenance contract and costs - to be shared

- Visitor's don't have to close anything
- We will have to agree that in case of sale, successors can ignore anything
- Seems like no need for any local agreement as it is possible unenforceable.

If all owners agree now, any could withdraw consent at any point ...what will happen then? Will gates be removed?

Either removed or left open. It is the kind of situation that nothing can be done about.

Is there a security problem in the area that this is seeking to address? Or is it to demonstrate that it is a private road.

The former, so this is to act as deterrent for car checkers.

What happens in an emergency? What about legitimate visitors eg Doctor visits in an emergency?

That's what I am in the dark about, whether something specific needs to be done about that or not (we can install chimes for such case, of course).

Have you costed this? Has agreement been reached based on specific costs and contract ?

In the process of getting quotes.

Sort out the specifics and costs and then go back with contracts to sign and enthusiasm will probably wane rapidly

Exactly what we are doing :|
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Re: Gates for shared driveway, when all agree.

Postby jdfi » Mon May 29, 2017 9:58 pm

fire_ash wrote:The former, so this is to act as deterrent for car checkers.



You mean as in DVLA looking for untaxed vehicles?
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Re: Gates for shared driveway, when all agree.

Postby fire_ash » Thu Jun 01, 2017 12:54 pm

You mean as in DVLA looking for untaxed vehicles

:D Didn't realise DVLA operate at nights ... Unfortunately no, I meant petty thieves.
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