Is A Shared Driveway An Easement?

A common type of property easement is when two neighboring properties have a shared driveway.

Typically, each owner owns part of the driveway and has the legal right to use the entire driveway to drive their cars to and from their garages or parking areas at the rear of their properties.

What is an easement for a driveway?

An easement gives one party the right to go onto another party’s property. The easement is a real property interest, but separate from the legal title of the owner of the underlying land. In the case of a driveway easement, it allows the person who is the beneficiary of the easement to cross the “servient” property.

Can a driveway easement be revoked?

Answer. The law does provide a possible way for you to limit use of your driveway to your soon-to-be neighbor and retain the right to revoke or terminate access. However, the agreement will be called a “license,” not an “easement.” Unlike an easement, a license can normally be revoked at any time, for any reason.

Can you put a fence on a shared driveway?

If the driveway really is shared, rather than just being a boundary without a fence, then your neighbour will have a right of way over the half of driveway you own. If that is the case you cannot just put up a fence, even if it is entirely on your land.

How do you terminate an easement?

Terminating easements by express release or agreement

You can expressly terminate an easement just like you can expressly create one. The dominant owner can release the easement by deed, thereby extinguishing it. Or the dominant owner can transfer the easement by deed to the servient owner.

Can you put fence on easement?

An easement is the right to use a part of your property, by a third party, for a specific purpose. You can’t build on an easement. Nothing – not even a fence or part of a fence. If you do, you’ll have to take it down and compensate for any damages you might have caused.

What are the three types of easements?

There are three common types of easements.

  • Easement in gross. In this type of easement, only property is involved, and the rights of other owners are not considered.
  • Easement appurtenant.
  • Prescriptive Easement.