This page is general information, not legal advice. Louisiana property law comes from its Civil Code and uses different words from other states. If you have a real dispute, see a Louisiana lawyer.
Who pays for a shared driveway?
Whoever the paperwork says. A shared driveway normally rests on a recorded right of passage, called a servitude in Louisiana, or on a strip that both neighbors own together. If the recorded act or a written agreement divides the costs, follow it. If nothing is written, the cost of a shared concrete driveway is settled by agreement between the owners, and an even split is the usual starting point. We do not quote a Civil Code article here because we have not verified one that sets the shares.
How do I find out what my rights to the driveway are?
Read your act of sale, your title policy and your survey. A servitude should be recorded in the conveyance records, which the East Baton Rouge Parish Clerk of Court keeps for property in Baton Rouge. A title company or a lawyer can search them for you. The survey shows where the lot line falls in the driveway, and it is often not down the middle.
My neighbor will not pay. Can I replace only my half?
Physically, yes. We can saw-cut along the line and replace your half, leaving the other side alone. Legally, be sure the part you replace is on your land or that you have the right to work on it, and do not block the neighbor's passage if they hold a servitude. A new half beside an old half will look mismatched and can sit at a slightly different height. Tell the neighbor in writing before work begins.
Can a contractor's trucks use a shared driveway?
Only with the other owner's consent, in most cases. A servitude of passage is usually for reaching the property, and a loaded concrete truck is far heavier than the cars the drive was built for. If trucks crack a shared slab, the owner who brought them in will be asked to pay. We prefer to park in the street and use a pump or buggies. If the shared drive is the only way in, get the neighbor's agreement in writing.
We both want to replace it but disagree on the contractor or the price. What then?
Agree on the scope before the price. Write down the size, thickness, steel, finish and who handles drainage, then each get quotes for that same scope. If you still disagree, each owner can contract for their own side with a joint between, though one pour by one crew gives a better result. Put the cost split and payment dates in a short signed note.
The slab crosses the boundary a little. Does that matter?
It can when one of you sells or builds. A slab that crosses the line is an encroachment, and a buyer's survey will show it. Long use can create or affect rights under Louisiana law, and the rules are technical. Do not rely on a handshake. Have a lawyer draw up a recorded servitude or boundary agreement while relations are good.
My neighbor's tree is breaking our shared driveway. Who deals with it?
Start with a conversation and photos. Louisiana law has rules about roots and branches that cross a boundary and about damage caused by things an owner is responsible for, but how they apply depends on the facts. Ask a lawyer before cutting anything on the neighbor's side. From the concrete side, we can often rebuild the damaged section to bridge the roots so both the tree and the drive survive.
The only real price is one written after we have seen your property. The estimate is free. Call (225) 434-4721 or text us a few photos.