A shared driveway easement in California is one kind of recorded right that lets someone use part of a lot they don't own, or lets you use part of a neighbor's. Utility easements are another kind an owner may find on the title. Before you add a deck, replace a fence or repave a drive on a mid-century lot, it helps to know what's recorded against the land and what each easement allows.
This guide covers what an easement is, how to find yours in a preliminary title report and the county's recorded documents, what Palo Alto and Cupertino say about building in a public utility easement, and the default rule in Civil Code section 845 for a shared private road or driveway. We checked the California Department of Real Estate, the California Department of Insurance, the San Mateo County Clerk-Recorder and the cities of Palo Alto and Cupertino. Rules are as of November 2026, so confirm with your own county and city.
What a recorded easement is
The California Department of Real Estate's reference book on title to real property describes an easement as "a right, privilege, or interest limited to a specific purpose which one party has in the land/property of another." The Civil Code's chapter on servitudes (sections 801 to 813), as it reads in November 2026, supplies the terms that show up in title documents:
Dominant and servient tenement. Under section 803, the land an easement is attached to is the "dominant tenement," and the land burdened by it is the "servient tenement."
Appurtenant easements. Section 801 lists burdens on land that may be attached to other land as appurtenances, which "are then called easements." The list includes a right-of-way, receiving or discharging water, using a wall as a party wall and having a division fence maintained by an adjoining owner. The reference book says these pass automatically when the dominant tenement is transferred, without being mentioned in the deed.
Easements in gross. Section 802 lists servitudes that may be granted and held without being attached to land, including a right of way. The reference book calls these easements in gross and notes that public utilities frequently hold easements to put up poles and string wires over private land.
Scope. Section 806: "The extent of a servitude is determined by the terms of the grant, or the nature of the enjoyment by which it was acquired."
You can still use the strip. The reference book says that unless the easement says otherwise, the owner of the land can use the area it covers in a way that doesn't interfere with the easement's use.
The reference book says the usual way to create an easement is an express grant or reservation in a grant deed, but easements can also arise by implication of law or by long use. One of its examples fits tract houses: when land in one ownership is divided and one portion is already serving another, as with a sewer lateral, an implied easement may be recognized.
Finding easements in the preliminary title report
When you buy, the title search is usually where recorded easements surface. The California Department of Insurance says the search determines who owns the property, what debts are outstanding against it and the condition of the title, and that you should receive "a preliminary title report or commitment." The Department of Real Estate's reference book, citing Insurance Code section 1234.11, says a preliminary report is an offer to issue a title policy subject to the exceptions it lists, and is not a representation as to the condition of title.
What the policy covers depends on the type:
Standard coverage. The Department of Insurance says a standard policy "insures primarily against defects in title which are discoverable through an examination of the public record." The reference book says it doesn't protect against easements not shown by the public records, or rights that a physical inspection or a correct survey could reveal.
Extended coverage. The Department of Insurance says an extended policy insures against defects, liens, encumbrances, easements, encroachments and boundary-line conflicts not reflected in the public records, and the insurer will typically require a survey. Its title insurance guide lists "unknown easements" among possible title defects.
A short checklist for the report:
Find each easement listed as an exception, and ask for a copy of the recorded document behind it.
Note who holds each easement, its purpose and where it runs.
Walk the lot. The reference book says a pathway or sewer line may mean adjoining owners have an unrecorded easement.
Recorded documents and the county recorder
The San Mateo County Assessor-County Clerk-Recorder says its Recorder's Division records documents that affect real property, such as deeds, mortgages, court decrees, liens and releases, and "other documents that affect title to real property." It offers an online Grantee-Grantor Index. To order a copy of a recorded document, the county asks for the names of the parties, the document type, the date recorded and the recording number. Its staff can't give legal advice. In Santa Clara County, ask the Clerk-Recorder's Office about its search and copy options.
Recorded tract maps and records of survey are a separate set of records. Our guide to a lot line adjustment in California explains where to find them and how to hire a licensed land surveyor.
Building in or near a public utility easement
A public utility easement (PUE) can limit what you build on part of your lot. Two city examples, as of November 2026:
Palo Alto. The city's Public Works encroachment permit handout says a permit is required "whenever private structures will be placed under, on, or over property in which the City has property rights, such as rights of way, utility easements, or owned property," regardless of any building permit or planning approval. Its residential examples include structures, decks, spas and fences in a PUE or city right-of-way. Palo Alto's handout says the City "retains the right to require that the encroachment be removed upon thirty days notice," and if the owner doesn't comply, the City may remove it and place a lien on the benefited property for its expenses.
Cupertino. The Building Division FAQ lists work that doesn't need a building permit for single-family homes, such as a small detached accessory structure, a fence up to 7 feet and a low detached deck. Those exemptions apply only to work that doesn't encroach over a subsurface drain system, a public utility easement or required setbacks.
Before you build near a PUE, read the recorded easement for its width, location and purpose, and ask your city's building and public works departments which permits apply. For fences, our post on the good neighbor fence law covers cost sharing and city height limits.
Shared driveways and private roads: Civil Code 845
Civil Code section 845 sets the default rule for an easement in the nature of a private right-of-way, such as a shared drive. It was last amended in 2012 (Statutes 2012, chapter 244, effective January 1, 2013). As it reads in November 2026:
Repair. "The owner of any easement in the nature of a private right-of-way, or of any land to which any such easement is attached, shall maintain it in repair."
Cost sharing. When the easement is owned by more than one person, or attached to parcels in different ownership, the cost of keeping it in repair is shared under any agreement. "In the absence of an agreement, the cost shall be shared proportionately to the use made of the easement by each owner."
Court. If an owner refuses to do the work, or fails to pay its share after a written demand, the other owners may sue for that share or for specific performance or contribution. The case can go to small claims court if the amount is within its limit; otherwise it goes to superior court, subject to judicial arbitration. Without an agreement, it's brought in the county where the easement is located.
For a shared drive, look first for a recorded easement or maintenance agreement in your title documents, since under section 845 an agreement's terms come first. Before repaving, regrading or adding a gate, talk with the other owners and put any cost-sharing arrangement in writing.
This is general information as of November 2026, not legal advice. If owners disagree about a shared drive or where an easement runs, talk with a licensed land surveyor and an attorney before you build, block or remove anything.
How an easement can end
Civil Code section 811, as it reads in November 2026, says a servitude is extinguished:
when the servitude and the servient tenement vest in the same person;
by destruction of the servient tenement;
by an act on either tenement by the easement owner, or with the owner's assent, that is incompatible with its nature or exercise; or
when it was acquired by enjoyment, by disuse for the period prescribed for acquiring title by enjoyment.
The Department of Real Estate's reference book also lists express release and legal proceedings, and, citing section 811, says an easement obtained by grant can't be lost by nonuse. So an unused utility easement can stay on the title, and it's worth asking an attorney and the easement holder before treating one as gone.
Frequently asked questions
Does an easement stay with the land when the house sells?
An appurtenant easement does, according to the Department of Real Estate's reference book: it passes automatically when the dominant tenement is transferred, without explicit mention in the deed.
Can I put a fence or deck in a public utility easement?
Ask your city first; rules differ. As of November 2026, Palo Alto's handout requires an encroachment permit for structures, decks, spas and fences in a PUE, and says the city can require removal on 30 days' notice. Cupertino's Building Division FAQ says the usual permit exemptions don't apply to work that encroaches over a public utility easement.
Who pays to repave a shared driveway?
Under Civil Code section 845, as of November 2026, the owners share the cost of repair under any agreement they made. With no agreement, the cost is shared in proportion to each owner's use of the easement. If owners disagree, talk with an attorney.
Related reading
Restrictive Covenant Modification in California: Old Tract Deeds
SB 9 Lot Split on an Eichler Lot: State Rules and City Overlays
Do You Need a Permit for a Shed in California? Bay Area Rules
Sidewalk Repair Responsibility in California: Who Fixes What
More guides on this topic: Owning & Renovating a Mid-Century Modern Home
Planning a project near a lot line, or buying a mid-century home with a shared drive? Call or text the Boyenga Team at Compass at (408) 373-1660 or (650) 383-8606, or contact the Boyenga Team to talk it through.
