Shared Driveway Disputes Between Neighbours in Ontario

A shared driveway can work well for decades and then turn tense overnight. One neighbour parks across the shared strip, another refuses to pitch in for repairs, or a new owner says the drive is theirs alone.

What you can do depends on what the paperwork says. This article explains the common building blocks, which are written agreements, easements and boundary questions, and how to approach a dispute calmly.

Start with the paperwork

Most shared driveway rights come from a document, not from habit. Look first for a registered easement. An easement is registered on the title to the land it crosses and may also be registered on the title to the land it benefits. Registered land is also subject to existing easements unless the register says otherwise.

• Does the document say who may use the driveway, and for what purpose?
• Does it say who pays for repairs, snow clearing or resurfacing?
• Does it say whether parking or blocking is allowed?
• Does a survey plan show exactly where the shared strip lies?

Many older arrangements say little about repairs or parking. If your document is silent on a point, the answer depends on the facts, and a lawyer can help you read it.

Is the dispute about the boundary?

Sometimes the real argument is about where one lot ends and the other begins. A licensed surveyor can prepare a plan that determines or establishes a boundary. Without a licence, no individual may practise cadastral surveying, unless they work under the direction and supervision of a licensed member.

If there is doubt about the true location of a boundary on the ground, the Boundaries Act allows an application to the Director of Titles to confirm it. The owner of an interest in the parcel may apply, or a surveyor may apply with that owner's consent. The application needs an up-to-date plan of survey signed by a surveyor and the survey's field notes. If someone objects, the Director must offer a hearing, and if nobody objects the Director may confirm the boundary without one. A confirmed and certified boundary is deemed to be the true boundary. A party unhappy with the order may appeal to the Divisional Court within thirty days after the order is mailed.

Can long use create a right?

If there is no written document, people often ask whether years of use created a right. For land in the Registry system, use without interruption for twenty years can protect an easement claim, and forty years can make it absolute. That absolute right does not arise if the use was by consent or agreement expressly given in writing.

For land in Land Titles, no adverse right can be acquired by any length of possession or prescription. Check which system applies before assuming that long use gives you anything.

Fences, trees and the Line Fences Act

A driveway dispute often brings a fence along with it. The Line Fences Act lets neighbours use fence-viewers appointed by the municipality when they cannot agree on a fence on the boundary line, but it covers only fences on a boundary line. It applies when there is no fence and one owner wants one, or when a line fence needs repair or rebuilding. A municipality may pass a by-law saying the Act does not apply to all or part of it, so check locally.

The Act does not decide where the property line is, and owners must settle boundary disputes themselves, often with legal advice and a survey. Fence height and design rules come from local by-laws, not one provincial rule.

If a tree whose trunk grows on the boundary is involved, it is the common property of both owners, and injuring or destroying it without the owners' consent is an offence under the Forestry Act.

What to do next

• Get copies of both titles and any registered easement or agreement.
• Photograph the driveway, the shared strip and any blockage, with dates.
• Keep a record of repair costs and who paid them.
• Raise the issue in writing, calmly, and propose a written agreement.
• Avoid blocking, digging up or fencing the drive until you know your rights.
• See a lawyer if the neighbour refuses to talk or the document is unclear.

Remedies for blocking or damage depend on the document and the facts, so a lawyer should confirm the options before you take any step that could escalate the dispute.

Frequently asked questions