This page is general information, not legal advice. Shared driveways are common on older intown Atlanta streets, where two houses use one strip that runs between them. What you can and must do depends on your deeds and on any recorded easement or agreement. For a real dispute, talk to a Georgia real estate attorney.
Who pays for a shared driveway?
Start with the paperwork. If there is a recorded easement or a maintenance agreement, it normally says how costs are split. If the documents are silent, we know of no single Georgia rule that sets a fixed share for every case, so most neighbors simply agree a split, often half each or by how much each one uses it. Get that agreement signed before any concrete is ordered.
My neighbor will not pay. Can I replace only my half?
Physically, yes. The driveway is saw-cut along the line and your side is removed and poured again, with a joint down the middle. Before you do that, make sure you know where the line really is, because the center of the driveway is often not the property line. Replacing only my half is a reasonable way forward when the old and new sides can be kept at the same height. If your neighbor has a right to cross your side, you cannot block their use while the work is done.
Can a contractor's trucks use a shared driveway?
Ask the neighbor first, in every case. Concrete trucks and dump trucks are heavy enough to crack an old driveway, and if the damage is on the neighbor's part you will be the one having the conversation. Where we can, we keep trucks on the street and pump or wheel the concrete in. Tell us at the estimate that the driveway is shared so the access plan allows for it.
How do I find out if there is an easement on the driveway?
Look at your closing documents first: the deed, the survey and the title policy. Easements are recorded with the Clerk of Superior Court in the county where the property sits, which for Atlanta is Fulton or DeKalb. A title company or attorney can search the records for you. Many old shared driveways turn out to have nothing in writing at all, and then it is a legal question what rights each side has.
What should neighbors put in writing before replacing a shared driveway?
Write down who pays what share, what will be built, which contractor does it, and who looks after it later.
- The size, thickness and finish of the new driveway, and where water will drain.
- The share each owner pays and when payment is due.
- How both households get in and out while the concrete cures, which is about a week for cars.
- Who pays for future repairs and how that will be decided.
Ask an attorney whether the agreement should be recorded so that it binds future owners as well.
My neighbor damaged the shared driveway. Do they have to fix it?
That is a legal question we cannot answer for you. In practical terms, photograph the damage, write down when it happened and what caused it, and raise it with the neighbor in writing. If a contractor or delivery company working for them did it, that firm's insurance may respond. We can give you a written repair estimate to support the conversation.
The real price for your property comes from a free on-site estimate and a written quote. Call (678) 736-8780 or send us a photo of the concrete.