TA6 Shared Access: How to Complete This Section

Shared access is one of the most common features sellers need to declare on the TA6 Property Information Form. Whether your property has a shared driveway, a communal path, a rear alleyway used by several houses, or a pedestrian route across a neighbour's land, the buyer and their solicitor need to know about it before exchange of contracts.

Getting this section wrong — or leaving it incomplete — is a frequent cause of additional enquiries that slow down the conveyancing process. In some cases, undisclosed shared access can derail a sale entirely, particularly if the buyer's mortgage lender raises concerns about access rights.

This guide explains exactly how to complete the shared access parts of the TA6 form, including which sections apply, what language to use, what documents to provide, and how to handle common scenarios such as shared driveways, rear alleyways, and informal pedestrian routes.

Which TA6 sections cover shared access?

Shared access can appear in up to three sections of the TA6 form. You must complete all relevant sections, and your answers need to be consistent across them.

Section 5: Rights and informal arrangements

This is the primary section for shared access. Section 5 asks about both formal rights (such as easements and rights of way recorded on the title) and informal arrangements (such as verbal agreements with neighbours about shared use of a driveway). It covers:

• Rights that benefit your property — for example, a right of way over a neighbour's land that gives you access to your parking space
• Rights that burden your property — for example, a neighbour's right to use your driveway
• Informal arrangements that are not recorded in any legal document but exist as a matter of practice

For a detailed explanation of the full scope of Section 5, see our guide to TA6 rights of way: how to complete.

Section 2: Boundaries

If the shared access route runs along a boundary — for example, a shared path between two semi-detached houses — Section 2 may also be relevant. You should note the shared use when describing that boundary. For guidance on this section, see our guide on TA6 boundary disputes: how to answer.

Section 10: Disputes, complaints, and disagreements

If there has ever been a dispute about the shared access — for example, a disagreement about who can use the driveway, when they can use it, or who is responsible for maintenance — this must be disclosed in Section 10 as well as in Section 5. A common TA6 mistake is disclosing the arrangement in one section but omitting the dispute from the other.

Types of shared access to declare

Shared access takes many forms. The following table summarises the most common types and what to include in your disclosure.

Formal versus informal shared access

The TA6 requires you to disclose both formal and informal shared access arrangements. Understanding the difference is important because it affects how you word your answer and what documentation you should provide.

Formal shared access

A formal shared access right is one that has been legally created and is typically recorded on the title register at HM Land Registry. The most common types are:

• Easements — a legal right for one property to use part of another property's land, such as a right of way across a shared driveway
• Rights of way — a specific type of easement granting the right to pass over another person's land
• Deed of grant — a standalone legal document granting access rights, sometimes used where a property was subdivided
• Lease provisions — in leasehold properties, the lease typically specifies shared access arrangements and maintenance obligations

To check whether your property has formal shared access rights, download your title register and title plan from HM Land Registry for £3 each at gov.uk/search-property-information-service. Look in the Property Register for rights that benefit your land and in the Charges Register for rights that burden it.

Informal shared access

Informal shared access is any arrangement that exists in practice but is not recorded in a legal document. Common examples include:

• A verbal agreement with a neighbour that they can use your driveway to reach their garage
• A long-standing practice where several houses use a path through one property's garden to reach a rear lane
• Neighbours sharing the cost of maintaining a communal access route without any written agreement

Informal arrangements must be disclosed on the TA6 just as thoroughly as formal rights. This is because informal use can, over time, give rise to legal rights. Under the Prescription Act 1832, if a person has used a route over your land openly, without your permission, and without interruption for 20 years or more, they may be able to claim a prescriptive easement. For a fuller explanation of your obligations, see our guide on the seller's duty of disclosure.

How to word your TA6 answers: examples

Your answers should be factual, specific, and neutral. Include the key details: which properties are involved, what the access is used for, whether it is formal or informal, and who is responsible for maintenance. Below are example answers for common scenarios.

Example 1: Shared driveway with a formal easement

"The driveway is shared with the neighbouring property at [address]. A right of way is granted in the title deeds, allowing both properties vehicular and pedestrian access. Maintenance costs are shared equally under a covenant in the transfer deed dated [date]. The arrangement has operated without issue throughout our ownership."

Example 2: Shared driveway with no formal agreement

"The driveway is shared with the neighbouring property at [address]. Both properties have used the driveway for vehicular access for the duration of our ownership (since [year]). We are not aware of any formal easement or right of way recorded on the title. The arrangement is informal and has worked well. Maintenance costs have been shared informally when repairs were needed."

Example 3: Rear alleyway used by multiple properties

"A rear alleyway runs behind the property and is used by Nos. [X] to [Y] for pedestrian access to rear gardens and bin storage. The alleyway is gated at both ends; all properties hold keys. We understand the alleyway is owned by [owner if known / 'ownership is not known']. No formal maintenance arrangement exists. Residents have informally shared the cost of occasional repairs."

Example 4: Neighbour crosses your land to access their property

"The owner of [neighbouring address] crosses a strip of our front garden on foot to reach their front door, as their property does not have a direct path from the pavement. This arrangement has existed since before our purchase in [year]. We are not aware of any formal right of access. The arrangement has never been disputed."

Shared access and maintenance responsibilities

One of the most frequent follow-up enquiries from a buyer's solicitor concerns maintenance. When access is shared, someone must maintain the surface, clear debris, repair potholes, and replace gates or fences. The buyer needs to know who that is and how costs are divided.

When completing the TA6, address maintenance directly:

• Formal maintenance obligations — if your title deeds or a separate maintenance agreement specify who pays and how costs are divided, reference the document and attach a copy
• Informal maintenance arrangements — if you and your neighbours simply split costs when repairs are needed, describe the arrangement and note that it is informal
• No maintenance arrangement — if there is no agreement at all, say so. The buyer's solicitor may then advise their client to formalise an arrangement before or after completion

Being upfront about maintenance prevents surprises for the buyer and reduces the likelihood of additional enquiries that delay your transaction.

Shared access and mortgage lenders

Shared access is a particular concern for mortgage lenders. Many lenders require that the borrower's property has a legally documented right of access — an informal arrangement may not be sufficient. If the buyer's lender discovers that the shared driveway they rely on for access is based only on a verbal agreement, they may require one of the following before releasing funds:

1. Formalisation of the right — the seller and neighbours agree to create a formal easement, which is then registered at HM Land Registry
2. Indemnity insurance — a one-off policy that protects the lender against financial loss if the access is challenged in the future
3. Statutory declaration — a sworn legal statement confirming that the access has been used without interruption for a specified period

Disclosing the full position on your TA6 allows these issues to be identified and resolved early, rather than becoming a last-minute obstacle to completion. For more on how shared access affects your sale overall, see our guide on selling a house with shared access.

Common mistakes when declaring shared access

Sellers regularly make errors when completing the shared access parts of the TA6. The following mistakes can delay your transaction or expose you to legal liability after completion:

1. Not declaring informal arrangements. Many sellers assume that only formal, documented rights need to be disclosed. The TA6 explicitly asks about informal arrangements. A verbal agreement about shared driveway use is just as important as a registered easement.
2. Vague descriptions. Writing "shared driveway" without stating which properties share it, what it is used for, or whether there is a formal right is insufficient. The buyer's solicitor will raise additional enquiries for every missing detail.
3. Omitting maintenance information. Even if you disclose the shared access itself, failing to address who maintains the route and how costs are divided will prompt follow-up questions.
4. Inconsistency between sections. If you mention a shared path in Section 5 but do not reference it when describing the boundary it runs along in Section 2, the buyer's solicitor will spot the gap. Keep your answers consistent across all relevant sections.
5. Denying access that is physically obvious. If the buyer visits the property and sees a shared driveway, tyre marks from two vehicles, or a well-worn path across the garden, denying it on the TA6 will undermine your credibility and may constitute misrepresentation.
6. Failing to disclose past disputes. If there has ever been a disagreement about the shared access — even one that was resolved amicably — it must be disclosed in Section 10. The TA6 asks about disputes that have existed at any time, not only current ones.

Documents to attach to your TA6

Where supporting documents exist, attaching them to your TA6 significantly reduces follow-up enquiries. Gather and include any of the following that apply to your shared access arrangement:

• Title register entries showing easements or rights of way
• Title plan highlighting the shared access route
• Deed of grant or transfer deed containing access provisions
• Written maintenance agreements
• Correspondence with neighbours about the shared access
• Management company rules (for leasehold properties with communal access)
• An annotated sketch or plan showing the shared route, if it is not clear from the title plan
• Indemnity insurance policy, if one has already been arranged

If no formal documentation exists, state that clearly in your TA6 answer. The absence of documentation is itself useful information for the buyer's solicitor, as it tells them to investigate whether the arrangement should be formalised.

Practical steps before completing the form

Before filling in the shared access parts of the TA6, take the following preparatory steps:

1. Download your title register and title plan. Available for £3 each from HM Land Registry at gov.uk/search-property-information-service. Check for any recorded easements, rights of way, or covenants relating to access.
2. Review your title deeds. If you hold original deeds (common for older properties), check whether they contain access provisions that may not appear on the electronic register.
3. Walk the property. Physically inspect all access routes and note which are shared, who uses them, and their condition.
4. Speak to your neighbours. Confirm your shared understanding of the arrangement. This is particularly important for informal arrangements where there is no written record.
5. Check for disputes. Consider whether there has ever been any disagreement — however minor — about the shared access. If so, you will need to address it in Section 10 as well.

For broader guidance on completing the TA6 efficiently across all 14 sections, see our property information form tips.

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
• Prescription Act 1832 — legislation.gov.uk
• Misrepresentation Act 1967 — legislation.gov.uk
• Consumer Protection from Unfair Trading Regulations 2008 — legislation.gov.uk
• HM Land Registry — Practice Guide 62: Land Registry plans (easements)
• HM Land Registry — Search for property information service: gov.uk/search-property-information-service
• RICS — Boundaries: Procedures for Boundary Identification, Demarcation and Dispute Resolution, 1st edition, 2014

Frequently asked questions