The right of way over the driveway may by implication include a right to maintain it. But unless there is a specified right to upgrade the driveway, you cannot assume a right to undertake works of improvement. Bearing in mind the Highways Authority will require the driveway to be dedicated as a public highway and to meet its technical requirements before adoption, the lack of specific rights to upgrade may preclude you from having the access adopted unless the owner of the driveway agrees to be party to an adoption agreement. <p></p><p><i>Certain options are available to you :-</i></p><p> * investigate discreetly who owns the driveway and the likelihood of their objecting to your proposals</p><p> * enquire of a reputable indemnity insurer whether indemnity insurance will be available to you. If you think you will want indemnity insurance ensure you do this before you approach the owner of the driveway</p><p> * negotiate with the owner of the driveway</p><p> * you could simply go ahead and do the works regardless of the fact that you don&amp;’t have a right to do so. However you run the risk of injunction proceedings being taken against you. The courts would have a power to require …