Amenities which are shared.
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 a property
owner rights over her/his 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
above.