What Markham Buyers Should Know About Easements, Rights of Way and Shared Driveways
What Markham Buyers Should Know About Easements, Rights of Way and Shared Driveways
Some of the most important facts about a home are not visible on a tour. They are written on title. Here is how to understand easements and shared access before you commit.
Neeraj Moolchandani is a top real estate agent in Markham, Ontario.
The Short Answer
An easement gives someone else a right to use part of a property for a specific purpose, such as a utility line or a path to a neighbour's backyard. A right of way is a type of easement that allows people to pass over land. Shared or mutual driveways, found on some Markham semis and older homes, are usually governed by easements on both properties. These rights normally stay with the land when it is sold. Before you buy, ask your lawyer to review the title, look at a survey if one exists, and ask the seller how shared access works day to day.
Neeraj helps buyers avoid surprises as part of Kaizen Real Estate Team, one of the teams Markham buyers turn to for careful guidance. Easements rarely stop a purchase, but they should always be understood before you sign.
The Key Terms
| Term | What It Means | Common Markham Example |
|---|---|---|
| Easement | A right for someone else to use part of the land for a set purpose | Hydro, gas, or cable lines along a lot |
| Right of way | An easement that allows people to pass over land | A path through a townhouse backyard for a neighbour's rear access |
| Mutual or shared driveway | A driveway shared by two properties, usually with easements on each | Some semi detached and older homes |
| Encroachment | Something that crosses a property line | A fence, shed, or deck built partly on a neighbour's land |
| Private road | A shared road owned by a common elements condominium | Newer townhouse communities |
Your lawyer confirms what is actually registered on title for any home.
Why It Matters
- Daily life. A shared driveway means coordinating parking, snow, and repairs with a neighbour.
- Privacy. A rear access right of way means a neighbour may walk through part of your yard to reach theirs.
- Renovations. You usually cannot build over a utility easement. That can affect a future addition, pool, or garage.
- Resale. Most buyers accept common easements, but unusual ones can narrow your future buyer pool.
Spotted a shared driveway or a path through the yard? Neeraj can help you ask the right questions. Call or text Neeraj at (647) 370 8885.
How to Find Them
- Ask the listing agent. Ask whether there are any easements, rights of way, or shared driveway arrangements.
- Look at a survey. A survey shows property lines, buildings, fences, and often easements. Older surveys may not show recent changes.
- Have your lawyer search title. Your lawyer reviews the registered documents, including easements and agreements.
- Walk the lot. Look for gates, worn paths, shared fences, utility boxes, and shared parking.
Questions to Ask About a Shared Driveway
- Is there a written agreement about repairs and snow clearing?
- How have past repaving costs been shared?
- Where does each owner park, and has that ever caused a dispute?
- Does the driveway width allow both owners to get in and out easily?
Good neighbours make shared access easy. A clear understanding before you buy keeps it that way.
Title Insurance and Its Limits
Most Ontario buyers purchase title insurance through their lawyer. It can help with some title problems found after closing, such as certain encroachments or survey issues. It does not remove an easement that is properly registered on title. Ask your lawyer what the policy covers for your home.
Not sure how an easement affects value? Let us take a look together. Call or text Neeraj at (647) 370 8885.
What It Means for Your Offer
A standard Ontario offer gives the buyer's lawyer time to search title. Your lawyer can raise concerns within that period. If an easement affects how you plan to use the home, raise it early, and talk to Neeraj about whether it changes the price you are willing to pay.
Townhouse buyers should also read our Markham townhouse buyer's guide, since many townhouses include rear access easements or private roads.
Ready to buy with fewer surprises? Call or text Neeraj at (647) 370 8885.
Related Markham Guides
Easement Questions, Answered
What is an easement on a house in Ontario?
An easement gives someone else the right to use part of a property for a specific purpose, such as a utility line or a path to a neighbour's yard. Easements are usually registered on title and stay with the land when it is sold.
Is a shared driveway a problem when buying a home?
Not necessarily. Many shared driveways work well. Ask how repairs and snow clearing are handled, and have your lawyer confirm the registered easements before closing.
Can I build over an easement?
Usually not. Utility easements often restrict building in that area, which can affect future additions, pools, or garages. Ask your lawyer and the City before planning work.
Does title insurance cover easements?
Title insurance can help with some title problems found after closing, but it does not remove an easement that is properly registered on title. Ask your lawyer what your policy covers.
Why do Markham townhouses have rights of way?
Many freehold townhouses have rear access easements so owners of inner units can bring items, such as lawn equipment, from the backyard to the street through a neighbour's yard.
Buy the Home, Know the Title
Neeraj will help you spot access and title questions early, and work with your lawyer to answer them.
Call or text (647) 370 8885 · info@kaizenrealestate.ca
Kaizen Real Estate Team, eXp Realty, Brokerage · 9763 Markham Rd, Markham, ON L6E 1A4
This article is general information about Ontario property and is not legal advice. Your lawyer confirms what is registered on title for any property. This article is general information, not legal, tax, mortgage, or financial advice. Market commentary describes current conditions and is not a promise of future prices. Information is believed accurate but should be independently verified. Not intended to solicit properties currently under contract.
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