Many New Orleans doubles and close-set houses share a driveway or a strip of side yard. This page is general information, not legal advice. For a real dispute, read your act of sale and speak to a Louisiana lawyer.
Who pays for a shared driveway?
It depends first on what is written down. If a recorded servitude or agreement covers the shared driveway, it may say how costs are split, and that controls. If nothing is written, neighbors usually split the cost by how much each uses it, and equal halves are the common starting point. Louisiana calls a right to cross another person's land a servitude of passage. Look for one in your title papers before you talk about money.
My neighbor will not pay. Can I replace only my half?
Often you can replace only your side, if the property line runs down the middle and the work stays on your land. A saw cut along the line separates the two halves. Be aware of the result: new concrete beside old, at slightly different heights, with a joint between. If the driveway is a servitude and not simply two halves, do not change it without the other owner's agreement. Get a survey so the cut is in the right place.
Can a contractor's trucks use a shared driveway?
Ask before the trucks arrive. A loaded concrete truck is very heavy and can crack a shared driveway that was built for cars. If your neighbor has rights in it, you can be asked to pay for damage. We would sooner park in the street and pump or wheel the concrete in. Give the neighbor the dates, and take photos of the driveway before work starts.
What if we do not know where the line is?
Hire a licensed land surveyor before anyone pours. On old city lots, fences and driveways often sit off the true line, and the difference can be a foot or more. A survey costs far less than tearing out concrete that crossed onto the next lot.
Can my neighbor block or pave over a driveway we both use?
Not if you hold a valid servitude over it. In general, the owner of the land that carries a servitude may not do things that make it harder to use. Whether you hold one depends on your title or on long use, and that is a question for a lawyer. Do not answer by blocking them in return.
Should we put an agreement in writing?
Yes. Before a shared driveway is replaced, write down who pays what share, who picks the contractor, the thickness and finish, and how later repairs are split. Both owners sign. For it to bind future owners it normally has to be recorded with the parish, which is a job for a notary or lawyer.
What if the shared driveway floods one house and not the other?
Then the slope is the issue, and a replacement is the time to correct it. Agree on where the water should go before the forms are set. A center channel drain piped to the street often serves both houses fairly.
The real number for your address comes from a free visit and a written quote. Call (504) 732-1542, or text a photo of the area and we will tell you what we see.