Terminology Tuesday: Mutual Drive

If you are looking at homes in an older neighbourhood, you may come across the term mutual drive. A mutual drive (sometimes called a shared driveway) is a driveway that is shared by two neighbouring properties and provides access to one or both homes, often with garages in the rear yards.

In many cases, mutual drives are narrow lanes running between houses where both homeowners have legal rights to use part or all of the driveway. These arrangements are especially common in older urban areas where homes were built closer together and parking space was limited. Sometimes the rights to use the driveway are formally registered on title through an easement or right-of-way agreement, while in other cases the arrangement may be based on longstanding use. The former has defined enforceable rights, while the latter may be more nebulous.

If you're buying a home with a mutual drive, it’s important to understand exactly what rights and responsibilities come with it. Questions to consider include: Who is responsible for maintenance? Are there restrictions on parking? Does one owner have a legal right-of-way over the other’s property? A real estate lawyer can review the title, and your REALTOR® can help you understand how the arrangement may affect everyday living and resale value.