Is it legal for my neighbour to build an entrance way leading into our mutual drive-way?

Hi Nathan;

Thank you for your question. Your mutual driveway is technically called an easement.  This easement gives your property access rights over a portion of your neighbour’s property, and your neighbour’s property over a portion of yours.  When put together the two strips of land create a “driveway” that you each can use all of.  The key to easements is that you cannot block or obstruct them.  This includes parking your vehicle on them for any prolonged period of time, building fences or, as in your example, potentially building onto them.

However, a common mistake folks make is to assume they know the exact location and dimensions of the easement.  If the developer next door is building an addition and second storey then they will have had to have a survey done, and had the City approve their plans.  This approval would (should) have taken the easement into account.  My suggestion would be to go to the City (building department) and ask them for a copy of the permits and the survey.

Alternatively, you can check our site at www.ProtectYourBoundaries.ca to see if we have an older survey of yours (or your neighbour’s property) for purchase that you can take the dimensions off.

Either way, make sure you are fully informed on the location and dimensions of the easement.  If after that you are sure that they are building the entrances into the easement, you should contact a lawyer that specializes in land-related issues.  They’ll be able to guide you through the process of asserting your rights.