This page is general information for Santa Clarita Valley homeowners. It is not legal advice. Shared driveways and private roads are common on flag lots and on rural parcels from Sand Canyon to Agua Dulce and Acton. For a dispute, speak with a California real estate attorney.
Who pays for a shared driveway?
Start with the paperwork. A shared driveway normally rests on a recorded easement or a road maintenance agreement, and that document sets the split. Where there is an easement and no agreement, California Civil Code section 845 says the cost of keeping it in repair is shared in proportion to the use each owner makes of it. Your title report shows what is recorded.
My neighbor will not pay. Can I replace only my half?
If the line runs down the middle and you own your side outright, you can usually replace your half and stop at a saw cut. The two halves will differ in color and height unless set carefully. If your half is also your neighbor's only way in, you cannot block their access during the work. Section 845 also describes a way to seek a neighbor's share through the courts, which is a question for an attorney.
Can a contractor's trucks use a shared driveway?
In most cases yes, for normal access to your property, but read the easement. Concrete trucks are heavy, and you may be responsible if they crack a driveway that others rely on. Tell the neighbors the pour date, photograph the surface before, and ask us whether a pump from the street would keep loaded trucks off it.
Who maintains a private road shared by several homes?
The owners who use it, under their road agreement or under section 845 if there is none. The County does not maintain private roads. Before paving a section, get the agreement of the other owners in writing, including how the cost is divided.
What if concrete work damages the neighbor's wall, fence or driveway?
Whoever caused the damage is expected to make it right. Before work near a shared block wall or a neighbor's slab, take dated photos together with the neighbor. A contractor's liability insurance exists for this, so ask for the certificate.
Do I need my neighbor's permission to pour up to a shared wall?
Not to pour on your own land. You do need to avoid burying the bottom of the wall, blocking its drain holes or pushing your runoff through to their side. Telling the neighbor ahead of time costs nothing and prevents most arguments.
We can meet both owners at a shared driveway and give one quote split two ways. Call (661) 718-4706.