Let’s be real — nobody dreams of owning half a driveway. But thanks to older neighborhoods, twin homes, or tight infill lots, shared driveways are super common — and they can turn into headaches fast if you don’t have the right paperwork. Enter: the shared driveway agreement — a small but mighty document that title pros swear by.
So, what even is a shared driveway agreement?
It’s a legal contract between two (or more) property owners who share the same strip of pavement to access their garages or parking areas. Think of it like a roommate agreement, but for concrete. It spells out who can use which part, who maintains it, how repairs get paid for, and what happens if someone blocks the other’s car or wants to repave.
In real estate terms, this agreement usually gets recorded in the county land records so it “runs with the land.” Translation: even if one owner sells, the next person automatically agrees to the same rules.
How it fits into the title world
When a title company does its search before closing, they’re looking for easements or rights-of-way that let people legally use the land — and shared driveways are a big one. If the agreement’s missing, outdated, or unrecorded, it’s a red flag. Title examiners might flag it as an exception or ask both parties to sign a new, recordable agreement before issuing title insurance.
Basically, a clean shared driveway agreement helps everyone sleep better — the owners, the buyer, and the lender. No one wants a post-closing call that starts with, “Hey, my neighbor just blocked me in and says it’s their driveway.”
What’s inside a typical agreement
A good shared driveway agreement should cover:
- Legal description – exactly where the driveway lies and which parcels are involved.
- Access rights – who can use it and for what (driving, parking, maintenance, etc.).
- Maintenance responsibilities – how costs get split and who arranges repairs.
- Liability – who’s responsible if there’s an accident or property damage.
- Recording info – so it’s official in the public record and enforceable long-term.
Why title nerds should care
If you’re buying in a dense neighborhood, older subdivision, or duplex setup, you might be inheriting a shared drive. A solid agreement keeps peace between neighbors and prevents legal messes that can tank resale value later. In the title industry, it’s one of those behind-the-scenes docs that can make or break a smooth closing.
So yeah, it’s not glamorous — but a shared driveway agreement is kind of like preemptive couples therapy for your curb. It keeps boundaries clear, expectations fair, and everyone’s car moving freely.
Please note: Any opinions discussed in this article belong solely to the author, Marissa Berends, and do not necessarily reflect the views of Capitol Lien.
About the Author
Marissa Berends is a Certified Abstractor and Industry Relations Coordinator at Capitol Lien, a nationwide due diligence and risk mitigation services provider. Since joining the company in September 2021, she has earned abstractor certifications in Minnesota, Nebraska, and North Dakota. She is pursuing her Wisconsin Title Examiner certification, which is expected to be completed in Fall 2025.
Marissa is involved with the following groups: Wisconsin Land Title Association’s (WLTA) Convention Committee & Young Title Professionals; Nebraska Land Title Association’s (NLTA) Convention Committee; Property Record Industry Association (PRIA) National Education Committee; Illinois Land Title Association’s (ILTA) Inclusion, Diversity, Equity & Acceptance (IDEA) Committee; and the National Association of Land Title Examiners and Abstractors (NALTEA).
About Capitol Lien
Capitol Lien empowers real estate and title professionals with trusted public record research and due diligence services nationwide. With 35 years of experience, Capitol Lien specializes in fast, accurate property and title searches, lien reports, and document retrieval that help title agents, underwriters, and legal teams operate their businesses with confidence. The Capitol Lien team takes the hassle out of title research with local experts and innovative tools that make it easier to mitigate risk, stay on schedule, and keep your closings moving smoothly.
Learn more at capitollien.com. Ready to simplify your title research? Send your next order to Capitol Lien and experience the difference trusted diligence makes. Stay in touch with Capitol Lien on LinkedIn for industry updates and information. Reach out! contact@capitollien.com or 800-845-4077.