Are there properties with shared driveways or
private roads I should consider?
Think a driveway is just a driveway? Think again — here’s what buyers miss about shared driveways and private roads.
What are shared driveways and private roads?
Shared driveway: one paved access used by two or more properties. Private road: an access lane owned and maintained by homeowners or a private entity, not the city.
Keywords: shared driveway, private road, easement, right of way, maintenance agreement, property types, title search.
Why this matters for buyers
These property types change cost, liability, resale value, and daily life. A small discount today can mean years of disputes, surprise bills, or insurance headaches. Buy with clarity.
Quick checklist before you make an offer
- Verify easements and rights of way on the title.
- Get a current survey showing access lines.
- Ask for written maintenance agreements with cost splits and responsibilities.
- Confirm snow removal, paving, drainage responsibility.
- Check parking limits and guest access rules.
- Ask neighbors about disputes and history.
Practical pros and cons
Pros:
- Lower purchase price vs fully private access.
- Better use of land in tight urban lots.
- Private roads can limit traffic and boost privacy.
Cons:
- Shared maintenance costs and disputes.
- Potential liability if someone is injured on shared access.
- Lender or insurer conditions tied to access type.
- Private roads may require HOA fees or unpaid assessments.
Legal and financial red flags
- Oral promises: get everything written into a registered agreement.
- Vague easements: ask a lawyer to define scope, use, and maintenance.
- Unpaid special assessments on private roads can become your debt.
- No maintenance plan: budget yearly for repair, plowing, and legal fees.
How to negotiate like a pro
- Require a clear, recorded maintenance agreement in the sale contract.
- Ask seller to pay for a recent survey or title search.
- Include contingencies for cost allocation and unresolved disputes.
- Negotiate price or escrow for future maintenance if agreements are incomplete.
Typical property types with shared access
- Semi-detached and duplex homes with party driveways.
- Townhomes and laneway properties.
- Rural estates with private lanes shared by neighbors.
FAQ — Fast answers
Q: Are shared driveways legal?
A: Yes. They are common. Legality depends on recorded easements and local bylaws.
Q: Who pays for repairs?
A: Whoever the maintenance agreement says. If none exists, owners share responsibility; resolve by agreement or court.
Q: Can a neighbor block my access?
A: Not legally if a valid easement exists. Enforce through a lawyer.
Q: Should I avoid these properties?
A: Avoid if you want zero maintenance risk. Consider if you budget for responsibilities and secure written agreements.
Bottom line
Shared driveways and private roads are viable property types. They require due diligence: title search, survey, written maintenance agreements, and clear negotiation. The right preparation turns a potential problem into a cost-saving opportunity.
Need local insight on a property with shared access? Tony Sousa is a Toronto-area real estate expert who handles easements, private road issues, and negotiation details. Contact: tony@sousasells.ca | 416-477-2620 | https://www.sousasells.ca
