Selling a House with Shared Access

Shared access is one of the most common property features in England and Wales. Whether it is a shared driveway serving two houses, a communal path to the rear of a terrace, or a right of way across a neighbour's land, millions of properties rely on access arrangements that involve more than one owner. In most cases, these arrangements work without incident. But when it comes to selling, shared access can create complications that delay or even derail the transaction if they are not properly documented and disclosed.

This guide covers what shared access means in legal terms, how it affects the conveyancing process, what you must disclose on the TA6 Property Information Form, and the practical steps you can take to ensure your sale proceeds smoothly. It is written for sellers in England and Wales and reflects the current legal framework including the Land Registration Act 2002, the Law of Property Act 1925, and the Law Society's TA6 form (4th edition, 2020).

Types of shared access

Before looking at how shared access affects a sale, it helps to understand the different forms it can take. The legal treatment varies depending on the type of arrangement, and this directly affects what you need to disclose and how a buyer's solicitor will assess it.

Shared driveways

A shared driveway is a driveway used by two or more properties to access their respective parking areas or garages. Ownership of the driveway surface may be split down the middle (each owner owning their half), or one owner may own the entire driveway with the other having a right of way over it. The arrangement is usually set out in the title deeds or a deed of easement and should be recorded at the Land Registry. Problems arise when the driveway was built informally, when the ownership is unclear, or when maintenance responsibilities have never been agreed.

Shared paths and alleyways

Shared paths, passageways, and alleyways are common in terraced housing and older developments. They typically provide rear access to properties that would otherwise have no way of reaching their back garden except through the house. As with shared driveways, the path may be co-owned or owned by one party with a right of way benefiting the other. In some cases, local authorities own and maintain shared alleyways, particularly in urban areas.

Rights of way and easements

A right of way is a legal right to pass over another person's land. When this right is formally created and registered, it is known as an easement. Easements are created in several ways:

• Express grant or reservation — the right is explicitly created in a deed, typically when land is divided and sold off. This is the most common method and provides the clearest documentation.
• Implied grant — the right arises by implication under section 62 of the Law of Property Act 1925 or the rule in Wheeldon v Burrows (1879), often where a route was in use at the time of the sale.
• Prescription — the right is acquired through long use (at least 20 years of open, continuous use without permission) under the Prescription Act 1832.
• Statute — some rights of way are created by legislation, such as public footpaths and bridleways.

The type of easement matters because it determines how securely the right is established and how easy it is for the buyer's solicitor to verify. An express grant recorded at the Land Registry is straightforward; a claimed prescriptive right with no formal registration is much harder to rely on.

Informal arrangements

Not all shared access is formally documented. In many cases, neighbours have used each other's land for access under an informal understanding — often for years or even decades — without any written agreement. These informal arrangements are the most problematic when selling because they offer the buyer no legal certainty. An informal arrangement can be withdrawn by a future neighbour, leaving the buyer without the access they expected.

How shared access appears on the title register

When a buyer's solicitor reviews the title documents as part of the standard Land Registry search, they will look for any references to access rights in three key places:

• Property register (Part A) — this section describes the land included in the title and lists any rights that benefit the property, such as a right of way over a neighbouring property.
• Charges register (Part C) — this section lists rights that burden the property, such as a right of way granted to a neighbouring property over your land.
• Title plan — shared access routes may be shown by coloured markings or hatching on the plan, though the title plan does not always show all access rights.

If the access right is not mentioned on the title register, it may still exist — for example, as an overriding interest under Schedule 3 of the Land Registration Act 2002. However, an unregistered right is harder to prove and can cause difficulties during the conveyancing process.

TA6 disclosure: Section 5 and informal arrangements

Section 5 of the TA6 Property Information Form specifically asks about rights and informal arrangements. The questions cover:

• Whether anyone other than the seller has any rights over the property (such as a right of way, a right to park, or a right to use part of the garden)
• Whether the seller has any rights over neighbouring land (such as a right to cross a neighbour's driveway)
• Whether there are any informal arrangements with neighbours relating to access, parking, storage, or other uses of the land

You must answer these questions honestly and in full. "Not known" is acceptable only if you genuinely do not know, and you should explain why. If you are aware of any shared access arrangement — whether formal or informal, whether documented or verbal — you must disclose it. For a broader understanding of your disclosure obligations, see our guide on what to disclose when selling.

If there have been any disputes or disagreements about shared access, these must also be disclosed in Section 10 (Disputes and complaints). Consistency between Section 5 and Section 10 is important — if you mention a shared access arrangement in one section but omit a related dispute from the other, the buyer's solicitor will raise the inconsistency.

Impact on buyer interest and offers

How shared access affects buyer interest depends largely on how well documented and managed the arrangement is. A formally registered easement with clear maintenance terms and no history of disputes is unlikely to deter a typical buyer. In contrast, an undocumented arrangement, an unclear ownership position, or a history of disputes can significantly reduce the pool of interested buyers and lead to lower offers.

Common concerns buyers raise about shared access include:

• Whether the access right will survive the sale and bind future neighbours
• Who is responsible for maintaining the shared surface and how costs are divided
• Whether the neighbour has obstructed or disputed the access in the past
• Whether parking on or near the shared area is restricted
• Whether the arrangement will cause problems if they want to extend or alter the property in future

Being able to answer these questions clearly and provide documentation upfront makes a significant difference to buyer confidence.

Mortgage lender concerns

Mortgage lenders assess shared access as part of their standard property risk evaluation. Most lenders are comfortable with properties that have formally registered easements, but they may raise concerns or impose conditions in the following situations:

• The access right is informal or unregistered, leaving the lender exposed to the risk that access could be withdrawn
• There is no formal maintenance agreement, raising the possibility that the shared surface could fall into disrepair and affect property value
• There is an active dispute about access that could lead to litigation and affect the property's saleability
• The property can only be accessed via the shared route, meaning loss of access would make the property effectively landlocked

In these situations, the lender may require indemnity insurance, a formal access agreement, or evidence that the right has been exercised without interruption for the prescriptive period. Your solicitor can advise on what the buyer's lender is likely to require and help you prepare accordingly. Understanding your solicitor's role in this process is covered in our guide on what your solicitor actually does.

Disputes about shared access

Shared access disputes are among the most common neighbour disagreements in England and Wales. They can range from minor irritations (a neighbour parking on the shared driveway in a way that makes access difficult) to serious legal conflicts (a neighbour denying that any right of way exists). If you are selling a property with a history of access disputes, or with an active dispute, there are several points to keep in mind.

First, any dispute — current or historical — must be disclosed on the TA6. The form asks about disputes that "have existed," not just those that are currently active. Second, an active dispute will trigger additional conveyancing enquiries from the buyer's solicitor, which can add weeks to the process. Third, mortgage lenders may decline to lend on a property with an unresolved access dispute, limiting your buyer pool to cash purchasers.

Where possible, resolve access disputes before listing. Options include direct negotiation with your neighbour, mediation through a qualified mediator, or, as a last resort, court proceedings. For more detail on how disputes affect a sale and how to resolve them, see our guide on boundary disputes when selling.

Indemnity insurance for unregistered access rights

Where a shared access right is not formally registered at the Land Registry, indemnity insurance is a widely used solution. An access indemnity policy protects the buyer (and their mortgage lender) against financial loss if the unregistered right is challenged or denied by a future neighbour.

Common scenarios where access indemnity insurance is used include:

• The property benefits from a right of way that has been used for decades but was never formally granted or registered
• An express easement was created in the original deeds but was not carried forward when the land was registered at the Land Registry
• A prescriptive right exists but has not been the subject of a formal application to register it
• An informal parking or access arrangement has been in place for many years without written documentation

Indemnity insurance is typically arranged by the seller's solicitor and paid for by the seller, though this is negotiable. Policies are a one-off payment (usually between £20 and £300 depending on the property value and the assessed risk) and provide cover for the buyer and their successors in title indefinitely. The insurance does not resolve the underlying issue or create a legal right, but it provides financial protection that is usually sufficient to satisfy a lender and allow the sale to complete.

Practical management tips for sellers

If your property has shared access, taking the following steps before listing will reduce the risk of delays and help the sale proceed smoothly:

1. Check your title register and title plan. Download both from HM Land Registry (gov.uk/search-property-information-service) for £3 each. Look for references to access rights in the property register and charges register. Check whether the shared access route is shown on the title plan.
2. Locate the deed of easement or access agreement. If the access right was created by a formal deed, find the original document. Your solicitor will need this for the contract pack. If you cannot find it, the Land Registry may hold a copy.
3. Document any informal arrangements in writing. If the shared access has always been informal, consider asking your neighbour to sign a simple written agreement confirming the arrangement. While this does not create a formal easement, it provides evidence for the buyer's solicitor.
4. Clarify maintenance responsibilities. If there is no written agreement about who maintains the shared surface and how costs are divided, establish one. A clear maintenance agreement reassures buyers and their lenders.
5. Resolve any disputes before listing. An active access dispute will deter buyers and complicate the conveyancing process. Address it through direct negotiation or mediation before you market the property.
6. Complete Section 5 of the TA6 thoroughly. Provide full details of all access arrangements, including who has the right, the nature of the right, and whether it is formal or informal. Attach supporting documents where available.
7. Brief your solicitor early. Make sure your solicitor understands the shared access arrangements from the outset. They can advise on whether indemnity insurance is needed and prepare for the enquiries that the buyer's solicitor will inevitably raise.

Preparing early with Pine

Shared access issues are among the most common causes of conveyancing delays in England and Wales. The traditional process leaves all preparation until after an offer is accepted, meaning solicitors are scrambling to investigate and document access arrangements while the buyer is waiting.

Pine helps sellers get ahead by completing the TA6 Property Information Form — including the rights and informal arrangements section — before listing. By documenting your shared access arrangements upfront, gathering the relevant deeds and agreements, and arranging indemnity insurance where needed, you can present buyers and their solicitors with a complete picture from day one. This reduces follow-up enquiries, satisfies lender requirements earlier in the process, and significantly reduces the risk of your sale falling through.

Sources

• Law Society of England and Wales — Property Information Form (TA6), 4th edition, 2020
• Land Registration Act 2002, Schedule 3 (Overriding interests) — legislation.gov.uk
• Law of Property Act 1925, Section 62 (General words implied in conveyances) — legislation.gov.uk
• Prescription Act 1832 — legislation.gov.uk
• HM Land Registry — Practice Guide 52: Easements claimed by prescription — gov.uk/government/publications/easements-claimed-by-prescription
• HM Land Registry — Practice Guide 62: Land Registry plans (easements) — gov.uk/government/publications/easements
• RICS — Boundaries: Procedures for Boundary Identification, Demarcation and Dispute Resolution, 2014 — rics.org
• HM Land Registry — Search for property information service — gov.uk/search-property-information-service
• Misrepresentation Act 1967 — legislation.gov.uk

Frequently asked questions