What should Markham buyers know about easements, right-of-ways and shared driveways?An easement gives someone else a right to use part of your property, such as a utility company running lines or a neighbour using a shared driveway. Easements are common and usually harmless, but some limit where you can build, fence or plant. Shared driveways, often called mutual driveways, are common on older semi-detached and linked homes. Before you offer, ask for the survey, have your lawyer review registered easements on title, and ask how a shared driveway is used and maintained. In Ontario’s Land Titles system, informal use over time usually does not create a legal right.
Most buyers never think about easements until they want to build a fence, add a garage or park a second car. Then a line on the survey suddenly matters.
Michael John Lau, a REALTOR® with the Kaizen Real Estate Team, one of the most active real estate teams in Markham and York Region, flags easements and shared access early, so buyers and their lawyers can check them before the deal is firm.
Common types
| Type | What it means | What to check |
|---|---|---|
| Utility easement | Hydro, gas, telecom or municipal services can access part of the lot | Limits on structures, pools or trees in that strip |
| Mutual driveway | Two neighbours share a driveway, each owning part | Parking rules, snow removal, repairs |
| Right-of-way | A neighbour can cross your land, for example to reach a garage or yard | Exact width and length on the registered document |
| Drainage or maintenance easement | Access to maintain a wall, roof edge or drainage swale | Fencing and landscaping limits |
| Shared elements in townhomes | Shared roads, walkways or services | Fees and rules; see the townhouse guide |
Shared driveways
On a mutual driveway, each owner usually owns their side, with a registered right for the other to drive over it. Problems tend to come from habits rather than law: one owner parking across the middle, or one owner doing all the snow clearing. Ask the sellers how it works day to day, whether there is any written agreement, and whether there have been disputes. Visit at evening, when both households are home.
Why the registered document matters
Most land in Ontario is in the Land Titles system. Under Land Titles, long informal use of a neighbour’s land usually does not create a legal right, so a neighbour’s permission to use extra space may not survive a sale. Only what is registered, or proven to have existed before the land entered Land Titles, can be relied on. In one Toronto case, a court held that the registered dimensions of a shared driveway governed, not years of wider use.
Looking at a home with a shared driveway?
Michael John Lau can flag easements early and help you ask the right questions.
Book a buyer consultationSearch Markham homesPrefer to talk? Call the Kaizen Real Estate Team at (647) 370-8885.
What easements can limit
- Building a garage, addition, deck or shed over the easement area.
- Installing a pool or planting large trees.
- Fencing across a right-of-way.
- Paving or regrading a shared driveway without agreement.
If you plan to renovate, check the easement before you buy. See the Markham renovation permit guide.
How to check before you offer
- Ask for an up-to-date survey; it shows easements and encroachments.
- Have your lawyer search the title for registered easements and agreements.
- Ask the sellers about shared driveways, fences and any neighbour arrangements.
- Look for fences or structures that cross lot lines.
- Ask about title insurance, which can cover some survey and title issues.
Effect on value
Small utility easements along a lot line usually have little effect on value. A right-of-way through the backyard, or a shared driveway with a difficult history, can reduce buyer interest and future flexibility. Price these homes against similar properties without the same limits.
If something comes up
If the title search or survey shows a surprise, your lawyer can explain the risk and options, such as asking the seller to clarify an agreement, adjusting the price or, if your offer allows, walking away. Ultimately, the decision is yours. The goal is to make sure you have all the information before you buy.
What is registered on title matters more than what the neighbours have always done. Call the Kaizen Real Estate Team at (647) 370-8885 or book a consultation.
Frequently asked questions
What is an easement on a property?
A legal right for someone else, such as a utility or a neighbour, to use part of your land for a specific purpose.
Are shared driveways common in Markham?
They are common on older semi-detached and linked homes, and less common in newer subdivisions.
Can my neighbour gain a right to my land by using it for years?
Under Ontario's Land Titles system, long informal use usually does not create a legal right. Ask a lawyer about your property.
Can I build over an easement?
Usually not without permission, and utility easements often prohibit structures in that strip.
How do I find easements on a property?
Your lawyer can search the title, and an up-to-date survey shows easements and encroachments.
Does an easement lower property value?
Small utility easements rarely do. A right-of-way through the yard or a disputed shared driveway can.
Michael John Lau and Neeraj Moolchandani are licensed REALTORS® with the Kaizen Real Estate Team, eXp Realty, Brokerage, 9763 Markham Rd, Markham, ON L6E 1A4. Licence #4784577. Call (647) 370-8885. The shared driveway case is Fife v. Cohan (2007), as summarized by real estate lawyer Bob Aaron (August 4, 2007). This is general information, not legal advice; ask a real estate lawyer about any specific property. This article is general information only and is not financial, legal or tax advice. Not intended to solicit buyers or sellers currently under contract with another brokerage.
