What Is A Driveway Easement?

In urban environments, where people often live in close proximity to one another, driveway easement access rights can prove rather troublesome from time to time, particularly if a dispute arises over matters such as maintenance costs, blocked gutters, obstructions of a right of way and so on.

As such, it may be worth familiarising yourself with what driveway easements are and whether the law applies to you or not so you can be aware of your rights and where you stand with those next door.

Quite simply, an easement is when one party has the right to access or use someone else’s neighbouring property, with driveway easements the most common example of this. 

If you have an easement of this kind in place, it means that either your neighbour will have the right to use your driveway so as to access their own home or garage. Easements can also be put in place to cover the likes of drains, septic tanks, cables and pipes, as well.

Driveway easements generally prove problematic when a dispute arises over maintenance and it may well be that this is your sole responsibility, or the responsibility of both you and your neighbour. 

It may also be the case that neither of you are responsible for taking care of the driveway, which is why it’s so important that if you do think you have an easement in place you seek independent legal advice to help you work out exactly what your rights are.

If you’re looking to move house at some point in the near future, it’s also worth checking to see if any properties you’re interested in have easements that affect the home prior to purchasing it, so you know what you’re dealing with.


For help and advice with driveways in the Wirral area, get in touch with LW Landscapes today.