Shared Driveway

So I live in a house built in 1925 with a mirror image house next door. The old fella next door and I share a driveway between our homes down to the backyard. I don't use mine but he has an old garage down the back though has been years since he had a car.

It is recorded on my hand written title (beautiful hand writing too) and the gist is that each property has to keep 5 ft clear to make the 10ft wide drive.

There is nothing on the council plans about it.

So old mate has some dementia. He is fit and active but I am guessing it will be sooner rather than later that he will move out for care. We are good mates and I do his bins and run him to hospital etc. We swap our veggies over the fence etc. My little way of reclaiming the friendly neighbouring I grew up with - think I just invented a new verb.

I spoke to his daughter yesterday about it. My reasoning is that it would probably suit me if we both agreed to surrender the driveway. My new home will have a double garage to the front so no need for the drive. But having said that it isn't such a big deal, I'd have to allow 900mm clearance anyway so I'd probably only end up with an extra 500mm building space. it is on my north boundary so there is definite advantage to me keeping the drive as is and maximising Northern sun.

But I suggested to the daughter that she had a chance to make a decision re her father's property. If she did surrender the driveway then they'd maximise value to someone wanting to knock down and rebuild in the future, and the quality of the house is such that that is the more likely option in this inner city area. However, if they wanted to renovate and retain the garage in the back then they'd be best off keeping the drive.

I was quite fair and rational in explaining both sides to her and also that either way suited me but I suspect she felt I was trying to pull a swifty on her.

But in the event that she agrees, is it a simple matter to approach the land title office to have both titles amended? has anyone any experience in this?
 
It isn't for sale. Old mate wont sell until they carry him out I think.

Fair enough and IF my dearly departed mother had owned her home,she would have died at home(which she did)rather than going into a nursing farm.Anyhow would you consider buying once he's carried out?

Ps.And i don't mean to seem harsh and buying at market value,to be fair :)
 
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