Fence Enclosing Driveway

Hi Timothy.

Your neighbour can enclose his yard with a fence providing that:

a) It conforms to municipal bylaws regarding how far forward that fence can run (towards the front of the property).

b) It does not violate any easements (such as a shared right-of-way) that his/her property is subject to.

If it's legally a shared driveway between your houses, then there will be an easement on both property's title stating as such (a right-of-way easement). If that's the case your neighbour cannot enclose his yard up to the property line because he'll be blocking your ability to use the portion of the right-of-way that's on his property. The most he could do is build a fence on the edge of the right of way (his side not yours), but then he'd be giving up his ability to use the driveway.

If there isn't a right-of-way easement on title then you don't, technically, have a shared driveway. You just agreed at some point to let each other use a piece of the other's property. In this case he can build a fence along the property line.