This page is general information, not legal advice. Shared driveways are governed by the recorded documents for your two properties, and those differ from one pair of houses to the next. A real estate lawyer or your title company can read them for you.
Who pays for a shared driveway?
Who pays for a shared driveway depends on the recorded easement or maintenance agreement. Many spell out an even split or a split by use. If there is nothing in writing, the usual expectation is that the people who use it share reasonable upkeep, but we found no single Washington statute that sets the shares for private shared driveways. Get your title documents before you talk money.
My neighbor will not pay. Can I replace only my half?
You can usually replace the part that is on your own land, but it may not be wise. A joint down the middle between new and old concrete leaves a height step and a place for water to get in. If my half is new and theirs is failing, theirs will keep damaging the edge. And if they hold an easement over your side, you cannot block their use while you work. Try a written offer first, even an uneven split.
Can a contractor's trucks use a shared driveway?
Normally yes, when the easement allows access for the benefit of your lot, which includes getting work done. Trucks may not block the neighbor for long or damage their part. A loaded concrete truck is very heavy and can crack an old shared slab. We tell the neighbor the pour day, keep the truck on the street when we can and use a pump or buggy instead.
What should we put in writing before replacing a shared driveway?
Write down the scope, the price, each owner's share, who signs the contract and who pays the contractor. Add how future repairs will be split. Both owners should sign. If you want it to bind future owners, a lawyer can prepare an agreement for recording with the Clark County Auditor.
The property line runs through the driveway and nobody knows exactly where. What first?
Get the line marked by a licensed land surveyor before any concrete is cut. Old driveways were often poured without checking, and fences are poor evidence. Knowing the line turns an argument into a measurement.
My neighbor's tree is lifting our shared driveway. Who deals with it?
Talk to the neighbor before anything else. Tree and root questions between neighbors are sensitive in Washington, and damaging someone else's tree can carry heavy penalties. Do not cut roots on their side or cut large roots at all without an arborist and their agreement. A lawyer can tell you where you stand if you cannot agree.
We are happy to meet both owners at once and give one quote with the split shown. Call (360) 995-1179.