Shared driveways are common on older San Jose blocks and on flag lots behind another house. This page is general information, not legal advice. Your deed, any recorded easement and any written agreement control the answer, and an attorney can read them for you.
Who pays for a shared driveway?
The recorded agreement decides who pays for a shared driveway. Where there is an easement and no agreement, California Civil Code section 845 says the cost of keeping a private right of way in repair is shared in proportion to the use each owner makes of it. Find the documents first. Your title company or the county recorder can supply them.
My neighbor will not pay. Can I replace only my half?
You can usually work on the part you own outright. If my half is burdened by the neighbor's easement, the work must not block or damage their access. Replacing one side leaves a joint down the middle and two colors of concrete. Section 845 describes a process for asking a court to apportion costs, and an attorney can tell you if it fits.
Can a contractor's trucks use a shared driveway?
Only within what the easement allows, and with the neighbor told ahead. Concrete trucks are heavy and can crack an old shared slab. We ask both owners before bringing trucks onto shared paving, and we use a pump from the street where the driveway cannot take the load.
What should neighbors agree on before replacing a shared driveway?
- Who pays what share, and when.
- The scope: width, thickness, steel, finish and drainage.
- Access for both homes during the week the concrete cures.
- Who signs the contract and who the contractor answers to.
- Future repairs. Put it in writing and consider recording it.
Where is the line on a shared driveway?
The line is where the deeds and the survey say it is, which is often not the centre of the paving. A licensed land surveyor can mark it. Do that before any dispute hardens.
What if our houses share a driveway but there is no recorded easement?
Then the legal position depends on history and facts, and it needs an attorney. Long use can create rights under California law, but that is decided case by case. Do not remove or block shared paving on your own reading of the situation.
To get a real price for your address, book a free on-site estimate. Call (408) 889-7434 or text us a photo and rough measurements.