In the established neighborhoods of Wilmington, the coastal retreats of Oak Island, and the growing communities of Hampstead and Leland, shared driveways are a common architectural feature. Often born from the necessity of fitting multiple homes onto desirable coastal lots, these shared paths (legally known as easements) function perfectly until they don’t.

In North Carolina, the shared nature of a driveway is more than a social arrangement. It is a legal relationship defined by the rights of the dominant and servient estates. When potholes appear or a resurfacing is needed, the absence of a formal agreement can turn a quiet street in New Hanover or Brunswick County into a dispute that gets expensive fast.

The Anatomy of the Shared Easement

Most shared driveways in the Cape Fear region are created through an easement for ingress and egress recorded on a subdivision plat or in a deed. This grant allows one or more property owners the legal right to cross another’s land to access their own.

However, a right to use the land does not automatically clarify who is responsible for maintaining it. Unless a written contract or deed restriction states otherwise, the users of a private easement are often not clearly bound to contribute to its maintenance. This gray area creates the self-help dilemma: if your neighbor refuses to pay for gravel or asphalt in Surf City, you may end up paying for the work yourself just to keep the driveway passable for your own vehicles.

The Lending Bottleneck

You and your neighbor might have a friendly verbal agreement to split the cost. Your mortgage lender will usually demand something more durable.

• FHA and conventional requirements: Many lenders in Southeastern NC require a recorded Road Maintenance Agreement (RMA) before approving a loan on a property served by a shared driveway. They want to ensure the home remains accessible and that one owner is not forced to absorb a major repair bill alone.
• VA nuance for military buyers: For active-duty and veteran buyers in Onslow County near Camp Lejeune, the VA’s approach to access documentation has evolved in recent years, especially where a recorded, permanent easement proves continuous access. Even so, many lenders still apply overlays that may require a maintenance plan regardless of baseline VA guidance.

Strategic Advice for Avoiding the Dispute

If you are considering a property in Wrightsville Beach or Topsail with a shared drive, proactive due diligence is your best defense.

The Survey Is Mandatory

Never rely on a visual guess of where the driveway sits. A professional survey confirms whether the driveway actually lies within the recorded easement. In older parts of Wilmington, driveways often drift over decades, which can create a situation where the current traveled path does not match the legal easement.

Draft the Agreement Now

If no RMA exists, make it a condition of your offer. It is far easier to get a neighbor to sign a maintenance agreement while a sale is pending and everyone is motivated than it is years later when the driveway is washing out.

Specify the Standard of Care

A strong agreement does not just split costs. It defines what good repair means. Is it free of potholes, or repaved every ten years, or maintained to a gravel standard after storm events? Defining the baseline prevents arguments about whether a repair is necessary.

Your Next Step

Navigating the social and legal complexities of shared property requires a partner who understands the nuances of North Carolina easement dynamics. At Aspyre Realty Group, we are experts in listening and communicating people's wants into homes that work for them. We act as your strategic partner and guide, helping you identify potential access issues early and coordinating with local legal professionals so your driveway in Southeastern North Carolina stays a path to your home, not a path to a dispute.