Shared Driveway

My neighbor is happy to revert shared driveway deed as it is not used. What do I need to do?

2 Answers

You don't have to do anything whilst he owns the property but if you want to the right to be fully extinguished so that a future owner of your neighbour's property can't use it he will need to enter into a formal deed of surrender. The deed would need to satisfy certain formalities:
It needs to satisfy section 1 Law of Property (Miscellaneous Provisions) Act 1989 which means:
It must be in writing;
It must me clear on its face that it is a deed (for example by use of the words "This Deed");
It must be signed by your neighbour whose signature must be witnessed. The witness should sign, print his name and address and his occupation. The witness needs to be someone independent i.e. not related to you or your neighbour and needs to be 18 or over; and
It needs to be delivered as a deed, which means that once signed the neighbour has to willingly give it to you

In addition to the basic formalities for creating a deed, it will need to identify your property, your neighbour's property, the right in question and will need to clearly state that your neighbour intends for the right to be extinguished. It would be wise to obtain official copies of the title deeds for both properties so that you can identify the right by reference to how it appears in the deeds. We can supply the copy deeds for you at http://land-registry-documents.co.uk

Also, if you visit http://freeconveyancingadvice.co.uk/guides-resources you can purchase an example deed of easement. This is the opposite of what you need because this creates a right rather than extinguishing it but it might give you an idea about how to set out your deed

You don't have to do anything whilst he owns the property but if you want to the right to be fully extinguished so that a future owner of your neighbour's property can't use it he will need to enter into a formal deed of surrender. The deed would need to satisfy certain formalities:
It needs to satisfy section 1 Law of Property (Miscellaneous Provisions) Act 1989 which means:
It must be in writing;
It must me clear on its face that it is a deed (for example by use of the words "This Deed");
It must be signed by your neighbour whose signature must be witnessed. The witness should sign, print his name and address and his occupation. The witness needs to be someone independent i.e. not related to you or your neighbour and needs to be 18 or over; and
It needs to be delivered as a deed, which means that once signed the neighbour has to willingly give it to you

In addition to the basic formalities for creating a deed, it will need to identify your property, your neighbour's property, the right in question and will need to clearly state that your neighbour intends for the right to be extinguished. It would be wise to obtain official copies of the title deeds for both properties so that you can identify the right by reference to how it appears in the deeds. We can supply the copy deeds for you at http://land-registry-documents.co.uk

Also, if you visit http://freeconveyancingadvice.co.uk/guides-resources you can purchase an example deed of easement. This is the opposite of what you need because this creates a right rather than extinguishing it but it might give you an idea about how to set out your deed