General information only, not legal advice. Louisiana property law comes from its Civil Code and uses its own vocabulary, so advice written for other states may be wrong here. Take an actual dispute to a Louisiana lawyer.
Who pays for a shared driveway?
The paperwork decides. A shared driveway normally rests on a recorded servitude, which is Louisiana's word for a right to use someone else's land, or on a boundary that runs down the middle of the drive. Where the recorded act or a written agreement divides the cost, follow it. Where nothing is written, the two owners have to agree between themselves. We have not verified a Civil Code article that fixes the shares, so we do not quote one.
Where do I look for the paperwork?
Begin with your act of sale, title policy and survey. Servitudes are recorded in the parish conveyance records. For Gonzales and the rest of Ascension Parish those are held by the Ascension Parish Clerk of Court. A title company or attorney can run the search, and the survey shows where the boundary crosses the concrete.
My neighbor refuses to pay. Can I replace only my half?
Physically, yes, when the boundary is known. We saw a straight line on the boundary and rebuild your side on a new base. Expect a visible difference in color and possibly in height as the old side keeps moving. Stay off the neighbor's side, keep their access open during the work, and give them the dates in writing first.
Can a contractor's trucks drive on a shared driveway?
Ask the other owner first. A servitude of passage is generally for everyday access, and a loaded ready-mix truck is far heavier than everyday traffic. An older shared slab can crack under it, and whoever caused the damage may be asked to pay. Our habit is to keep trucks on the street and move concrete in by pump or buggy when a drive is shared.
What belongs in a written agreement between neighbors?
- Each owner's share of repair and replacement costs.
- How the need for work is decided and how a deadlock is broken.
- Thickness, steel and finish, so the two sides match.
- Rules on parking and blocking the drive.
- A statement that it binds future owners, and recording it so that it does.
A notary or attorney can draft and record it. As a rule, agreements affecting land in Louisiana must be written and recorded to bind later buyers.
The neighbor's driveway crosses onto my lot. What should I do?
Order a current survey before raising it. If the concrete is over the line, discuss it and put the outcome in writing, whether that is removal or a recorded right to leave it. Louisiana law can give rights to someone who uses land openly for many years, so do not let an objection go unspoken. A lawyer should guide this one.
May I pour right up to the boundary we share?
Often you may pave near the line, subject to the zoning for your lot and any servitude along it. Two cautions apply on our flat lots. The side line usually carries the drainage swale, which must stay open. And your slab must not tip rain onto the neighbor. Leave working room for forms or get permission to step across.
When both owners agree, call (225) 529-0954. We can price one driveway and show each owner's share separately.