What an ALTA Survey Reveals Before Buying Near a Shared Driveway
A shared driveway looks simple on paper. Two properties use the same strip of pavement. Everyone gets along. Then a sale happens, and suddenly no one can agree on who owns what, who pays for repairs or whether the new owner even has the right to use it. An ALTA survey done before closing cuts through all of that. This article explains what the survey finds on shared driveway properties and why buyers can’t afford to skip it.
Why Shared Driveways Create Legal Problems at Closing
A shared driveway sits on land. That land belongs to someone. It may be split down the middle between two owners. It may sit entirely on one owner’s parcel with a legal right granted to the neighbor. Or it may have no formal paperwork at all, just a decades-old habit both sides have accepted.
Each situation carries different legal weight. The first two can be managed. The third is a problem waiting to happen.
Without an ALTA survey, a buyer has no reliable way to know which situation they’re walking into. A title search alone won’t show where the physical driveway sits relative to the property line. A basic boundary survey won’t pull up all the recorded easements tied to the land. An ALTA survey does both.
Four Things the Survey Finds on Shared Driveway Properties
The Easement Location and Its Exact Terms
The most important thing an ALTA survey does on a shared driveway property is map the easement. If there’s a recorded access easement covering the driveway, the survey shows exactly where it sits and how wide it runs.
That width matters. A 10-foot driveway easement means something different from a 20-foot one. The survey drawing shows the exact dimensions. The surveyor also notes the recording information so you can pull the original easement document and read the actual language.
That language controls everything. It may limit use to passenger vehicles only. It may require both parties to share repair costs. It may only apply to the original property it was granted to, which means it may not transfer to a new buyer. Reading that language before closing is the only way to know what you’re agreeing to.
Whether the Driveway Sits on the Correct Parcel
This is the part that surprises buyers most. A driveway can be paved, used daily by both neighbors for years and still sit partly or entirely on the wrong parcel.
An ALTA survey compares the physical location of the driveway against the legal property lines. If the pavement crosses the boundary, the survey shows it. If it sits entirely on one owner’s land with no recorded easement protecting the neighbor’s use, the survey flags that too.
Buying without knowing this can mean no legal access to your own driveway. That’s not a hypothetical. It happens. It’s far easier to fix before closing than after.
Encroachments Running Along the Driveway Edge
Shared driveways are common spots for encroachments. A fence built next to the driveway may be a few feet over the line. A retaining wall added by one owner may sit on the neighbor’s land. A garage built near the driveway edge may cross the boundary.
The ALTA survey maps all of those. It shows what sits on which parcel and flags anything near the boundary. A buyer who knows about an encroachment before closing can ask the seller to fix it, negotiate a lower price or walk away.
A buyer who finds out after closing handles it alone.
Missing Paperwork on Informal Access Arrangements
Some shared driveway situations have no recorded easement at all. The driveway was built years ago. Both parties used it. Nobody ever filed anything. That works fine until ownership changes.
An ALTA survey can’t create an easement that doesn’t exist. But it can show that there’s no recorded legal right protecting driveway access. That’s critical. It means the arrangement could be challenged by the other property owner after closing.
Older neighborhoods often have informal arrangements that were never put on paper. The ALTA survey finds the gap. The buyer and their attorney can then decide how to handle it before the deal closes.
Why a Standard Boundary Survey Falls Short
A standard boundary survey shows property lines and physical features on the lot. It doesn’t require the surveyor to research and map all recorded easements and rights the way an ALTA survey does.
The ALTA/NSPS standards require the surveyor to work from a title commitment. That means reviewing the same title documents the title company uses and showing how those recorded rights map onto the actual land. A basic survey skips that step entirely.
On a shared driveway property, that step is where the most important information comes from.
Steps to Take After You Receive the Survey
Read the easement documents the surveyor references. Don’t rely on a summary. Pull the actual recorded documents and read the language about permitted uses, maintenance and whether the easement transfers to future owners.
If the survey shows the driveway crossing the property line without a recorded easement, take it to your real estate attorney before closing. Options include negotiating a formal easement agreement, adjusting the purchase price or walking away if the title can’t be cleared.
If the survey flags an encroachment, decide whether you want the seller to fix it or whether you’ll accept the risk. Get any agreement in writing. Verbal understandings about property don’t survive ownership changes.
Frequently Asked Questions
Why Is an ALTA Survey Important for Properties With Shared Driveways?
An ALTA survey maps property boundaries, improvements, and recorded easements. For properties with shared driveways, it helps buyers understand where the driveway is located and whether legal access rights are properly documented.
Can a Title Search Take the Place of an ALTA Survey?
No. A title search identifies recorded documents, but it does not show where those rights and restrictions exist on the property itself. An ALTA survey connects title information to actual conditions on the ground, providing a more complete picture.
What Happens If a Shared Driveway Has No Recorded Easement?
Without a recorded easement, there may be no guaranteed legal right to use the driveway. An ALTA survey can reveal this issue before closing, giving buyers an opportunity to address the problem and avoid future disputes.
How Are Easements and Rights-of-Way Shown on an ALTA Survey?
Both easements and rights-of-way are identified on an ALTA survey with their locations, dimensions, and recording references. This information allows buyers and title professionals to review the documents that affect the property.
How Long Does an ALTA Survey Typically Take?
The timeline for an ALTA survey depends on factors such as property size, title information, and the number of easements involved. More complex properties may require additional time, so ordering the survey early can help prevent delays during the transaction.
For a free land surveying quote, call us at (561) 220-7505 or send us a message by going here.