Winter is upon us, and heavy snowfall means the inevitable chore of salting driveways and walkways to ensure clear, safe paths. In fact, salt is not just effective at lowering water’s freezing point (which helps ice to melt), but can also prevent snow from sticking to concrete surfaces, making the task of shoveling that snow a breeze.
But it gives rise to an interesting question: while you might think you're doing a kind gesture, can you salt your neighbor's side of the driveway without asking?
Much like the debate of whether you’re legally allowed to paint a shared fence, what exactly are the "salting" rules for adjoining walkways? After all, you don't want it to lead to a dispute with your neighbor.
Luckily, we have the experts at hand to tell us our legal rights, and the best practices are for salting your adjoining drive or walkway. Here’s what they recommend.
Is it okay to salt a neighbour’s side of the driveway without permission?
Salt is known to be corrosive over time and can damage the layers of concrete, paving, metal from vehicles, and even cause harm to pets.
Our legal experts all agree that the answer is no, but if necessary, you should always seek permission first.
“It may seem neighborly to salt a sidewalk or driveway of the house next door without being asked, but legally it can depend on the surface and the circumstances,” states Mario Serralta, Founding Lawyer, Abogado Mario/Mario Serralta & Associates.
“A private driveway is personal property, and a person can create exposure if they put salt or de-icing chemicals on it without permission and thereby damage the surface or if someone later slips.”
In addition, salt is known to be corrosive over time and can damage the layers of concrete, paving, metal from vehicles, and even cause harm to pets. And the last thing you want is to be liable for any damage caused to their property or animals.
“If damage occurs, you could be asked to pay for repairs, face a small-claims dispute, or get pulled into a liability issue if someone slips afterwards,” adds John E. Roach, Family Law Attorney at LawDistrict.
“In some areas, local ordinances also regulate when and how salt can be used, which adds another layer of risk.”
How to ask your neighbors politely
If you believe it’s necessary to salt their side of the driveway or walkway, it’s wise to always discuss this with your neighbors beforehand. But what is the best approach in legal terms?
“Ask the neighbor if they mind their driveway/sidewalk being salted, and try to do so in writing (ie, text, or email),” advises David Wolkowitz, personal injury attorney at The Wolkowitz Law Office.
“If you cannot ask in writing, then after the conversation, follow up in writing, i.e., ‘Thanks for chatting about the sidewalk. I'll go ahead and salt it and let you know when I'm done’.”
It’s also worth noting that though many municipalities own the sidewalk itself, local ordinances usually require property owners to maintain and clear their own walks and driveways. This includes removing snow and ice, as well as maintaining gardening tasks such as overhanging bushes.
So the next time you're feeling neighborly when salting your driveway, think again! Keep these rules in mind to avoid messy legal disputes this winter. Also, check out this cheap alternative that will de-ice your driveway in minutes.
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