What if my Ottawa neighbour is having work done on a shared driveway?

Shared driveway work in Ottawa is primarily a civil and municipal matter rather than a construction issue, but there are important things you should know to protect your property and rights.

When a neighbour undertakes work on a shared driveway, your first step is to understand the legal nature of that shared access. In Ottawa, shared driveways typically fall under one of two categories: a right-of-way easement registered on title, or a mutual agreement between property owners. Your property deed and title documents (available through the Ontario Land Registry) will clarify exactly what rights each party holds. This distinction matters enormously — it determines who can authorize work, who pays, and what recourse you have if you disagree.

From a practical standpoint, any significant work on a shared driveway — such as repaving, grading changes, drainage alterations, or widening — may require a City of Ottawa encroachment permit if the driveway touches or crosses the municipal right-of-way (the strip of land the city controls near the road). Your neighbour should be pulling that permit through the City of Ottawa Building Code Services before work begins. If you suspect work is happening without proper permits, you can call 311 to file a concern with the City, and an inspector can investigate.

Your key rights as a co-user of the driveway include being notified of significant changes, not having your access unreasonably disrupted, and not having drainage or grading altered in a way that directs water onto your property. If the work damages your portion of the driveway or your property, you may have grounds for a civil claim — this is where consulting a real estate lawyer in Ontario becomes worthwhile.

If the work involves excavation near the property line, Ontario's Occupiers' Liability Act and good practice both require that your neighbour contact Ontario One Call (1-800-400-2255) to have underground utilities located before digging. This protects both properties from accidental damage to gas, water, or electrical lines.

Honestly, this situation sits more in the legal and municipal realm than the construction realm, so the most useful professionals to consult are a real estate lawyer familiar with Ottawa property law and, if needed, the City of Ottawa's 311 service for permit and bylaw questions. If the work does end up affecting your property and you need repairs or remediation on your side, that's where a contractor like us can help assess and fix any resulting damage.