Shared driveways are one of the most common sources of neighbour disputes in Queensland — and one of the most frequently overlooked items in a property title search. Whether you're buying an older Queenslander in inner Brisbane, a unit in a small complex, or a battle-axe block in the suburbs, understanding how shared access is recorded on title could save you thousands of dollars and years of frustration.
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Current Title / State Lease
Start here to confirm the current registered owner, title reference and registered interests.
$74.50 · Order this document
Image of Survey Plan (SP/RP)
Use this when the physical plan, lot boundaries, strata plan or access layout matters.
$85.90 · Order this document
Image of Dealing Instrument
Use this when you need the registered dealing/instrument behind an easement, covenant, lease or caveat.
$91.80 · Order this document
Not sure which document fits? Start with the current title search, then add the plan or instrument if the title points to one.
What Is a Cross-Access Easement?
A cross-access easement is a legal right registered on a property title that allows the owner of one lot to cross over or use part of an adjoining lot — typically for vehicle access to a garage, rear yard, or secondary dwelling. Unlike a general right-of-way, a cross-access easement is specifically tied to vehicular or pedestrian movement between neighbouring properties.
In Queensland, easements are registered against the title of the burdened lot (the land being crossed) and appear as an encumbrance on the Certificate of Title. They are also usually documented in a Dealing Instrument — a registered legal document that sets out the exact terms: who can use the driveway, for what purpose, what maintenance obligations apply, and what happens if one party wants to change or remove the access.
Why Shared Driveways Are So Common in Queensland
Queensland's housing stock includes a large number of pre-1980s homes on narrow lots, older subdivisions where two homes were built sharing a single vehicular entry point, and more recent infill developments where land has been split and access arrangements formalised after the fact.
In inner-city suburbs like New Farm, Paddington, Windsor, and West End, it's not unusual to find two properties sharing a single concrete driveway, with one property's only legal access running across a strip of the neighbouring lot. In these situations, the easement is not optional — it's the only legal way the rear property can be accessed by vehicle.
As Brisbane's middle ring develops further — think Newmarket, Kedron, Stafford, and Nundah — infill subdivision is creating more of these arrangements. A developer splits a block, builds two dwellings, and the rear lot accesses the street via an easement over the front lot's driveway. Both titles record the easement; both buyers need to understand what they're buying into.
What Does a Shared Driveway Easement Look Like on Title?
When you order a Current Title Search for $74.50 through TitleFinder, you'll receive the full Certificate of Title for the property, including a list of all registered encumbrances. A shared driveway easement typically appears in one of two ways:
- As a right-of-way or easement for access — noted by its dealing number (e.g., "701234567 – Easement for access in gross") in the encumbrances section
- As a right of carriageway — an older term still used in Queensland for vehicle access rights
To understand the full terms — exactly where the easement runs, what you can and can't do, and who maintains what — you'll also need to retrieve the Dealing Instrument. At $91.80, an Image of a Dealing Instrument gives you the registered document in full, including any plans annexed to it showing the easement corridor.
What the Survey Plan Reveals
Your Current Title Search will reference a Survey Plan number (e.g., SP 123456 or RP 456789). Ordering that survey plan for $85.90 shows you the lot boundaries, the easement corridor marked on the plan, and the physical dimensions of the shared access strip. This is essential before buying because:
- You can confirm whether a fence, garden bed, or structure has been built over the easement (a potential legal issue)
- You can see whether the easement is wide enough for modern vehicles
- You can identify whether the easement crosses your intended purchase or the neighbour's lot
Maintenance Obligations: Who Pays?
This is where most disputes begin. The Dealing Instrument — which is the registered document formalising the easement — should set out maintenance obligations. Common arrangements include:
- Shared equally: Both owners split resurfacing, drainage, and repair costs
- Dominant owner pays: The property benefiting from the easement (usually the rear lot) bears the cost
- No obligation specified: The easement was registered without a maintenance clause, leaving owners to negotiate or litigate
If no maintenance clause exists in the registered instrument, Queensland courts have generally held that the owner of the dominant tenement (the one who benefits from the easement) has the primary obligation to keep the access in reasonable repair. But "reasonable" is subjective, and disputes are common.
Before buying any property with a shared driveway, read the full Dealing Instrument. Know exactly what you're agreeing to.
Can a Shared Driveway Easement Be Removed?
Easements registered on Queensland property titles are extremely difficult to remove unilaterally. The burdened owner cannot simply decide to stop sharing access — doing so could expose them to legal action for interference with an easement.
To remove or vary an easement, both the burdened and dominant owners must agree, and the variation must be registered with the Queensland Titles Registry as a new dealing. If one neighbour refuses to agree, the other must apply to the Queensland Civil and Administrative Tribunal (QCAT) or the Supreme Court, which will only extinguish an easement if it can be demonstrated that the easement is no longer used and its purpose has fundamentally changed.
In practice: if you buy a property burdened by a shared driveway easement and later decide you don't want to share, you are almost certainly stuck with it.
Red Flags to Watch For
When reviewing a property with a shared driveway, watch for these issues:
- A fence or gate blocking the easement corridor — may be an unlawful obstruction
- No registered easement but a shared driveway clearly in use — the access may be informal and could be stopped by a future owner
- A registered easement with no Dealing Instrument retrievable — older easements may be recorded on a plan only; seek legal advice
- A newly created shared driveway after subdivision — check the easement terms are registered, not just promised in the contract
- An easement in gross rather than appurtenant — an easement "in gross" benefits an entity (like a council), not an adjoining property; the rules are different
The Title Search Documents You Need
For a property with a shared driveway or cross-access arrangement, a thorough due diligence requires:
- Current Title Search ($74.50) — confirms what encumbrances are registered
- Image of Dealing Instrument ($91.80) — full terms of the easement, including maintenance obligations and permitted uses
- Survey Plan Image ($85.90) — shows where the easement corridor physically sits on the lot
This combination — totalling $252.20 — gives you a complete picture of the access arrangement before you commit to purchase. Given that resolving a shared driveway dispute can cost $10,000–$50,000+ in legal fees, it's an investment that pays for itself many times over.
Buying the Dominant or Burdened Lot?
The easement position matters depending on which lot you buy:
- Buying the dominant lot (the one with access rights): Confirm the easement is properly registered and enforceable. Check the driveway is in good repair and understand your maintenance obligations. Ask about the relationship with the neighbour.
- Buying the burdened lot (the one being crossed): Understand you cannot obstruct the easement. Factor in that part of your land is permanently allocated to neighbour access. Check whether any structures you plan to build might encroach on the easement corridor.
Get the Full Picture Before You Commit
A shared driveway can be a perfectly workable arrangement — many Queensland homes with shared access have operated without incident for decades. But ignorance of the terms is what causes disputes. Buyers who order the full set of title documents before signing understand exactly what they're buying: the rights, the obligations, and the limits.
TitleFinder provides fast access to Current Title Searches, Dealing Instruments, and Survey Plans directly from the Queensland Titles Registry — no account required, results delivered within minutes. Search any Queensland address today and know exactly what's registered before you sign anything.
