Can you sell a home with an easement, shared driveway, or boundary issue?
Yes. These issues are common, especially on older and rural Pierce County properties. Washington’s Form 17 asks about encroachments, boundary agreements or disputes, private roads or easement agreements for access, rights-of-way and easements, and written agreements for joint maintenance. Before you list, pull your title report to see recorded easements, find any road or driveway maintenance agreement, and consider a survey if a fence, shed, or driveway may cross the line. Resolving or documenting the issue up front protects your price and your timeline.
Out in Graham, Orting, Buckley, Edgewood, and parts of Puyallup, plenty of homes share a driveway, sit on a private road, or have a fence that’s been “close enough” for decades.
None of that has to stop a sale. But buyers, lenders, and title companies all want clarity, and surprises late in a transaction can delay closing or lead to renegotiation. Here’s how to get ahead of it. For the full selling process, see our Pierce County seller resource.
Common issues and what they mean
| Issue | What it is | What buyers will ask |
|---|---|---|
| Access easement | Your home crosses someone else’s land to reach the road, or they cross yours | Is it recorded? Who maintains it? |
| Shared driveway | Two or more homes use one driveway | Is there a written maintenance agreement? |
| Private road | Homes reach a public road over a private road | Who pays for repairs, grading, and snow? |
| Utility easement | Power, water, sewer, or drainage lines cross the lot | Does it limit building or landscaping? |
| Encroachment | A fence, shed, driveway, or structure crosses a property line | Whose land is it on? Is there a boundary agreement? |
Step 1: Read your title report
Order a preliminary title report early, or ask your agent to. It lists recorded easements, covenants, and agreements that affect your property. Your title company can provide copies of the recorded documents. Here’s how title and escrow work in Washington.
Unrecorded arrangements, like a handshake deal with a neighbor about the driveway, won’t show up. Those need extra attention.
Step 2: Find or create a maintenance agreement
If you share a driveway or private road, buyers and lenders often want to see a written, recorded maintenance agreement that covers:
- Who uses the road or driveway
- How repair and maintenance costs are split
- How decisions are made
If there isn’t one, consider working with your neighbors and a real estate attorney to create and record one before listing. It can make your home easier to finance and sell.
Step 3: Check the boundary
If a fence, shed, driveway, or landscaping might cross the line:
- Order a survey from a licensed land surveyor to see where the line actually is
- Talk with the neighbor if something crosses
- Consider a boundary line agreement or adjustment with legal help
- Remove or relocate small items like sheds when that’s simpler
Title insurance may not cover issues a survey would reveal, depending on the coverage the buyer chooses, so many buyers order surveys on rural or older properties anyway.
Step 4: Disclose clearly on Form 17
Form 17’s title section asks about encroachments and boundary disputes, access agreements, easements, and joint maintenance agreements. Answer based on what you know and attach supporting documents. Here’s a full guide to Form 17.
If structures crossing a line were also built without permits, see our guide to selling a home with unpermitted work.
Seller checklist
- Order a preliminary title report and review recorded easements
- Gather any driveway or road maintenance agreements
- Talk with neighbors who share access
- Order a survey if a line may be crossed
- Get legal help for boundary agreements or new maintenance agreements
- Disclose everything you know on Form 17, with documents attached
Frequently Asked Questions
Do I have to disclose a shared driveway when selling in Washington?
Form 17 asks about private roads or easement agreements for access, rights-of-way and easements, and written agreements for joint maintenance. If your home shares a driveway, answer these questions accurately and provide any agreements.
Can I sell a house without a road maintenance agreement?
Often yes, but buyers and lenders may ask for one. A written, recorded agreement that explains how costs and repairs are shared can make the home easier to finance and sell.
What happens if my neighbor’s fence is on my property?
That’s an encroachment. A survey can confirm the line, and you can resolve it by moving the fence, signing a boundary agreement, or disclosing it. Get legal advice before making agreements.
Will an easement lower my home’s value?
It depends on the easement. Many utility easements have little effect, while access easements across a yard may matter more to buyers. Clear documentation helps buyers judge the impact.
How do I find easements on my property?
Review your preliminary title report, which lists recorded easements and agreements. The title company can provide copies of the recorded documents.
Clear it up before buyers ask
Easements and shared driveways are part of life on many Pierce County properties. Sellers who document them early usually sell without last-minute surprises.
If you’re preparing to sell and want help sorting out title, access, or boundary questions, book a Home Selling Strategy Session with The Barnard Group.
About Josh Barnard Josh Barnard is the founder of The Barnard Group and has spent over 20 years helping families navigate some of life’s biggest moments through real estate. Known for his “Work Hard. Be Kind.” approach, Josh combines expert market knowledge, innovative marketing, and genuine care to help homeowners make confident decisions about their next chapter. Whether someone is buying their first home, moving up, downsizing, or relocating to Pierce County, his mission is simple: serve people well, create unforgettable experiences, and help families build a life they love.
Researched October 14, 2026. This is general information, not legal advice. Consult a Washington real estate attorney and licensed surveyor about your property.
