Separation of the shared driveway

[Kirit Patil]

I have a shared driveway in the bay area, California. My neighbor and I use the common area of hammerhead driveway to access our respective garages. Our garage door are facing each other. The common driveway is 18’ (9’ of each property) and from the property line to garage door is atleast 30’ space for both of us.

We want to split the driveway to have both houses their own private driveway. This will allow us to use the space in the front to the fullest by adding extension. We have enough space according to the city set back guidelines for addition.

My neighbor doesn’t want to separate the driveway. There is no recorded easement in deed or title.

What are my options here:

Hire a real estate attorney to guide with the driveway separation or separation is not possible unless the neighbor agrees with it. There is enough space for both of us to have our own private driveway.

In our neighborhood (other side of the street), We have a similar width/distance of driveway area where both the owners have separate driveway (this has been like this since the house were built). Point being, this is technically doable but the neighbor doesn’t want to. We have offered them to pay for the cost of the new driveway as well.

Thanks in advance for your help.

[Henry T.]

I always thought a driveway had to be 10'. If you're attorney says you're clear, put up a fence  at the property line and be done with it.