This page is general information, not legal advice. Shared driveways are common in Nashville, in older neighborhoods with one drive between two houses and on newer lots where two tall homes share a single parcel entrance. Your deed, plat and any recorded agreement decide your rights.
Who pays for a shared driveway?
The recorded documents decide. Look for a shared driveway easement or maintenance agreement in your deed, your plat or the horizontal property regime papers if your home is one of two on a lot. Many state how costs are split, often half each. We did not find a Tennessee statute that sets a default split for private shared driveways, so where the papers are silent, it comes down to agreement between the owners. The Davidson County Register of Deeds holds the recorded documents.
My neighbor will not pay. Can I replace only my half?
Physically, yes. We can saw-cut along the line and replace only my side, as owners put it, leaving the other half in place. Two cautions. First, if the driveway is one shared surface under an easement, you may not have the right to change it alone, so read the agreement. Second, a new half next to an old half will look different and the joint between them needs to be done properly so water does not get in. Put any deal with the neighbor in writing.
Can a contractor's trucks use a shared driveway?
Usually an easement for access covers ordinary use, and whether concrete trucks count is not always clear. A loaded mixer is very heavy and can crack a thin shared slab. Tell the neighbor before the job, ask for their consent in writing and photograph the driveway first. Where we can, we keep trucks on the street and move concrete by pump or buggy.
What should a written shared driveway agreement cover?
It should say who may use the driveway, who pays for repairs and replacement and in what shares, how a decision to do work is made, and that it binds future owners. To bind future owners it needs to be recorded. A real estate lawyer can draft one for a modest fee, and it saves arguments when a house sells.
What if the driveway crosses the property line?
Then get a survey before any concrete work. If part of your drive sits on the neighbor's land, replacing it can restart an old argument. Tennessee law has rules about long use of another person's land, but they are technical and depend on the facts. Speak to a lawyer before relying on them.
Who decides the finish and the timing?
Both owners, unless the agreement says otherwise. Agree the width, thickness, finish, contractor and dates before signing. Both households lose their parking for about a week while new concrete cures, so plan where the cars will go.
For a quote that shows each owner's share as a separate line, call (615) 436-8921.