The owners who use a shared driveway pay for it between them, in the shares set by their written agreement or by California law. This page is general information and not legal advice. For a real dispute, read your deed and speak with a California attorney.
Who pays for a shared driveway?
Look for a recorded easement or maintenance agreement first, because it controls. Where a private right of way is shared and no agreement exists, California Civil Code section 845 says the cost of keeping it in repair is split in proportion to each owner's use. If the shared concrete driveway is really two strips on two lots with no easement, each owner maintains their own strip unless they agree to do it together.
My neighbor will not pay. Can I replace only my half?
Often you can, if the documents allow it. Concrete can be saw-cut along the property line or a joint and my side replaced while the neighbor's stays. Three cautions apply. You may not block an easement the neighbor relies on for longer than necessary. The new half will be a different color and may sit at a slightly different height. And the two halves should be doweled together so one does not drop below the other.
Can a contractor's trucks use a shared driveway?
Only within the rights you have. If your easement covers access to your home, normal construction access is usually part of that, but a loaded ready-mix truck can crack a thin shared slab. Tell the neighbor the dates in advance. We keep heavy trucks on the street where we can and use a pump or buggies to move concrete.
How do I find out if there is an easement?
Look at your deed, your title report from the purchase and the recorded map for your tract. The Contra Costa County Clerk-Recorder keeps recorded documents. A title company or a real estate attorney can pull them and explain what they say.
How should we split the cost fairly?
Follow the agreement if there is one. If not, the starting point under Civil Code section 845 is use. Two households that use the driveway equally split equally. An owner at the back who drives the whole length may owe more than an owner who uses only the first part. Write down what you agree and both sign it before the work starts.
What should be agreed with the neighbor before work starts?
- The exact area, thickness and finish.
- Each owner's share and when it is paid.
- The days the driveway will be closed and where cars will park.
- Who signs the contract with the contractor.
- How future repairs will be handled.
The real number for your job comes from a free visit, where we measure and look at the ground. Call (925) 690-1468 or text a photo of the area.