This page is general information, not legal advice. Shared driveways are governed by your deed, any recorded easement or maintenance agreement, and California law. For a dispute, speak to a real estate attorney.
Who pays to repair or replace a shared driveway?
Look first at any written agreement, which controls if one exists. Without one, California Civil Code section 845 says the owner of a private right of way easement, or of the land it serves, shall maintain it in repair, and that the cost shall be shared in proportion to the use each owner makes of it. Two houses that use a shared concrete driveway equally would usually split the cost equally. A house at the far end that uses the full length may owe more than one near the street.
How do I find out what kind of shared driveway I have?
Check your deed and title report for a recorded easement or a road maintenance agreement. Some shared drives straddle the boundary, with each owner owning a strip. Others lie wholly on one lot with a right of passage for the other. The Sonoma County Recorder holds recorded documents, and a title company can pull them for you.
My neighbor will not pay. Can I replace only my half?
Physically, yes, if the boundary runs down the middle and you stay on your own side of it. A saw cut along the line lets one side be replaced. The result is two surfaces of different age and color, and the old half may keep failing next to the new. Legally, section 845 lets an owner who has paid seek the other owner's share in small claims or superior court. Give written notice of the planned work and cost before you start.
Can I change the surface or widen it without my neighbor agreeing?
Not safely. Repairs to keep an easement usable are one thing. Changing its width, grade, drainage or material affects the other owner's rights. Agree the scope in writing, with both signatures, before any work. A short written agreement also helps both houses at sale time.
Can a contractor's trucks use a shared driveway?
An easement for access generally covers normal use by the owners and their visitors, and that includes contractors. Heavy concrete trucks are another matter, because they can crack a residential slab, and whoever causes damage can be asked to pay for it. Tell the neighbor the dates in advance. Where we can, we keep trucks on the street and bring concrete in by pump or buggy.
Who is liable if someone falls on a shared driveway?
Liability depends on who owns and controls the spot and on the facts. Owners who share the duty to maintain a driveway can share responsibility for a hazard they knew about and left. Tell your insurer about any injury, and fix lifted edges promptly. A lawyer can advise on your position.
How should we split a replacement fairly?
Measure how much of the driveway each household actually uses and split in that proportion, which is the approach the statute takes. Get one quote that both owners see, with the area broken out. Put the split, the payment dates and the contractor's name in a signed note. We are glad to write a quote in two parts so each owner can see a share.
For a quote on a shared driveway, call (707) 385-5837. We can meet both owners together.