Shared Driveways & Rights of Way: Complete Guide
Insight
Shared driveways and rights of way look simple on the surface—just a shared strip of concrete used for access. In reality, they are one of the most common sources of property disputes. Questions about who pays, who maintains, who can park, and what alterations are allowed can quickly escalate.
This guide explains how shared access is legally created, what rights and obligations each owner has, and how to avoid or resolve disputes.
What Is a Shared Driveway or Right of Way
Warning: Never rely on verbal neighbour agreements about a shared driveway. If the wording of the easement doesn’t support the arrangement, you may have no legal protection when ownership changes.
A shared driveway is an accessway used by two or more properties. Legally, this arrangement is usually created by a registered easement. The easement grants the “dominant” property the right to use part of the “servient” property for access. Both properties may share rights depending on how the easement is drafted.
The key document is the easement instrument registered on the title. It sets out who can use the driveway, who must maintain it, and whether any restrictions apply. Neighbour practices—such as parking in certain areas or mowing a shared strip—do not override the legal wording.
How Rights of Way Are Created
Rights of way are created by registering an easement on the record of title. The easement plan shows the physical location of the driveway, while the easement instrument outlines the rights and obligations.
The most common form is a “right of way” easement, allowing vehicle and pedestrian access. In newer subdivisions, easements can also cover turning areas, visitor parking, drainage, lighting, and service conduits.
A lawyer reviews these documents to confirm exactly which areas are shared, which are exclusive use, and whether the registered rights match what exists on the ground.
Unsure if your access is legal?
A lawyer can review the title and easement plans to confirm your legal rights.
Rights and Responsibilities of Each Property Owner
Maintenance disputes often arise because owners assume someone else is responsible. The easement document is the only reliable source of truth. If it is unclear, a lawyer can interpret the obligations or negotiate a written agreement to prevent future disputes.
Right to Use the Driveway
Owners granted access rights may use the driveway for all normal residential purposes—driving, walking, deliveries, visitors, service vehicles, and rubbish collection—unless restricted.
Obligation Not to Obstruct
No owner may block, restrict or hinder access. Parking on the driveway, leaving bins or construction materials, or placing obstacles can breach the easement.
Maintenance and Repairs
If the easement instrument is silent, the default assumption is that all users must contribute fairly to maintenance and repair costs. This includes resurfacing, drainage upkeep, lighting and structural elements such as retaining walls that support the driveway.
Common Problems with Shared Driveways
Careful! Altering a shared driveway without neighbour consent may breach the easement and expose you to liability. Even well-intentioned improvements can create legal problems if they restrict access or change drainage patterns.
Parking and Obstructions
Even short-term parking can interfere with the rights of other users. Delivery vans, tradespeople and guests may unintentionally block neighbours.
Maintenance Disputes
Disagreements about cost-sharing are frequent, especially when one owner uses the driveway more heavily or feels others are not contributing fairly.
Drainage and Surface Issues
Subsidence, water runoff, potholes and slippery surfaces can create safety risks. Responsibility depends on the easement instrument and who altered the original surface.
Alterations Without Consent
Some owners widen the driveway, change the surface material, add gates, build retaining walls or install lighting without consulting affected neighbours.
Who Pays for Maintenance?
Formalising cost-sharing—even with just a short written agreement—prevents future owners from re-litigating the same arguments when properties change hands.
If the easement does not specify maintenance responsibilities, the general principle is that all benefiting owners must contribute in proportion to their use or benefit.
However, this can become complicated when:
- One property is a rental and sees heavier traffic
- Construction vehicles damage the driveway
- A new dwelling increases vehicle numbers
- Owners disagree about whether repairs are “necessary” or “optional”
A lawyer reviews the easement wording, assesses fairness, and can help formalise a cost-sharing agreement to avoid ongoing disputes.
Need help understanding driveway rights?
We connect buyers with lawyers who specialise in right-of-way easements and shared access obligations.
Encroachments and Misplaced Boundaries in Shared Driveways
If part of your driveway sits outside the legal easement area, you may not have a legal right to use it—even if it has been used that way for decades.
Sometimes the physical driveway does not align with the legal easement area. Fences, hedges or garden edges may have been altered over time, unintentionally narrowing the legal accessway. In other cases, the driveway crosses land where no legal right exists.
This can create significant problems when selling, applying for finance or seeking consent for development. Survey work may be required to confirm the correct alignment, and new easements may need to be registered.
Disputes and How They Are Resolved
Most shared driveway disputes come down to differing expectations. Once the legal position is understood and documented, long-term conflict often disappears.
Neighbour Negotiation
Many disputes resolve with clear communication once the legal rights are explained.
Mediation
Neutral mediators help parties reach agreement on parking rules, maintenance cost-sharing or driveway improvements.
Lawyer-Led Negotiation
Lawyers can clarify rights, propose practical solutions and draft access or maintenance agreements to prevent further disputes.
Court Applications
If negotiations fail, courts can enforce easement rights, order removal of obstructions, or determine cost-sharing responsibilities. This is usually a last resort.
Buying a Property with a Shared Driveway
Do not assume a shared driveway is low risk just because it “looks fine.” Hidden issues can delay settlement, affect finance approval, or create future disputes.
Shared driveways require careful due diligence. Before going unconditional, you should confirm:
- The driveway is legally covered by an easement
- The easement area matches the physical driveway
- Maintenance obligations are clear
- No neighbour disputes exist
- Access is wide enough for vehicles, services and emergency access
- There are no hidden encroachments or alterations
How a Property Lawyer Helps
A property lawyer:
- Reviews easement instruments and survey plans
- Confirms legal access and maintenance obligations
- Identifies risks before you go unconditional
- Advises on neighbour disputes, obstructions and alterations
- Negotiates practical agreements and cost-sharing arrangements
- Drafts or updates easements if required
- Guides dispute resolution when communication breaks down
Their goal is to protect your access rights and prevent long-term conflict.
Issues with a shared driveway?
Get a property lawyer to review your easement, driveway layout and neighbour obligations.
Clear advice now prevents future conflict, delays and unexpected costs.
Frequently Asked Questions
What is a shared driveway?
A shared driveway is an accessway used by two or more properties. It is usually governed by easements recorded on the title, which specify who may use it and how it must be maintained.
What is a right-of-way?
A right-of-way (ROW) is a legal easement that gives one property the right to pass over another. ROWs must be recorded on the title to be enforceable. They differ from informal access, which is risky and can affect lending.
Who maintains a shared driveway?
Maintenance rules depend on the easement document. Some require cost sharing; others place full responsibility on a specific owner. If unclear, owners must negotiate or risk disputes.
Can a neighbour block access?
No. If you have a legal right-of-way, blocking access may breach property law. Lawyers can enforce access rights or negotiate solutions to avoid escalation.
How do shared driveway disputes start?
Disputes commonly arise from maintenance disagreements, misuse of the driveway, speeding, parking, alterations, or misunderstandings about who owns the land beneath the driveway.
You don’t need all the answers
Property issues can feel overwhelming — especially when you’re facing deadlines. Sharing a few details about your situation is enough for a lawyer to understand the context and guide you through the next steps.
Get Help Understanding Shared Driveways
Shared driveways require clear legal access, easements and maintenance obligations. Sharing the Record of Title, easement diagrams and LIM helps match you with lawyers experienced in right-of-way disputes and compliance.