What Buyers Should Know About Shared Driveways
As is commonplace in urban centres, property space is often tight, and Toronto is no exception.
For this reason, you'll be more likely to see homeowners sharing their driveways with their neighbours. But while shared driveways may help save space in a city centre, they can cause problems between neighbours if each homeowner doesn't understand their rights and responsibilities, or simply chooses to ignore them.
Before you buy a home with a shared driveway, make sure you understand the rules surrounding these unique circumstances and how to mitigate tensions with the neighbour you share the space.
What is a Shared Driveway?
Also referred to as a mutual driveway, a shared driveway is one in which at least two properties share one driveway to access their individual parking spots or garages behind their homes. Each homeowner has an equal right to use the shared driveway to gain access to the side or rear of their homes.
The deeds of the properties will define the ownership of the shared driveway and the maintenance responsibilities of the property owners sharing the space. In some cases, the shared driveway may be owned by one owner, with rules established to allow the other homeowner to use it, even though the driveway is shared. The deed and its details are vital, as it will be required if any issues arise between homeowners and litigation takes place.
There may also be an easement agreement that would specify that one or both of the homeowners have the right to use the shared driveway. This agreement should also provide details on maintenance responsibilities and restrictions on how the driveway is allowed to be used by each party.
How Does Ownership Work With Shared Driveways?
A shared driveway is usually owned by both (or more) property owners. The driveway may be equally separated by the property line down the middle so that both property owners own the part of the driveway.
But in some cases, the shared driveway might sit completely on one property. In this situation, an easement, or legal right to use the property, is given to the other homeowner to use the driveway in order to gain access to their garage or parking spot.
Things to Consider Before Buying a Home With a Shared Driveway
Before putting in an offer on a home with a shared driveway, be sure to take the following into consideration:
Maintenance responsibilities will need to be split. If the driveway is shared amongst two homeowners, so should its maintenance, along with the cost to care for the driveway. You and your neighbour should split the cost of things such as repaving, repairing cracks, washing, and shovelling the entire driveway.
Rules should be established. In order to ensure that all parties understand their rights and responsibilities with the shared driveway, it's important that rules are set and followed by all involved. This can help mitigate any misunderstandings or disagreements on how the driveway should be used.
The selling price may not be as high. While you might not be thinking of selling your home before you even buy it, it's important to consider resale, no matter what type of property you buy. In the case of a home with a shared driveway, you may not be able to fetch a price as high as you would if the home came with a private driveway. That said, you'll likely be getting a deal on the home for this very reason, which is a great way to keep the cost of a home purchase down.
Obtain all agreements and easements. Make sure you get access to all documents related to the shared driveway that contain information about where the property line is, who owns what, what rights each homeowner has, and the maintenance and responsibilities of each owner. You may also want to conduct a survey of the property to ensure you know exactly how much of the shared driveway you own.