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Shared Driveway


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#1 Boondocks

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Posted 21 February 2011 - 03:23 AM

Hi,


I  share a driveway with my neighbor, then my driveway starts at the end of the shared driveway (across his property). I have a deeded right of way for this access. For many years, we have shared the expense of re-graveling the shared driveway with this neighbor. In 99% of the weather situations where snowplowing has been required, we have not only plowed our driveway, but the shared driveway at no expense to the neighbor.


We are thinking of selling our house and have found that banks now require a legal document which spells out the maintenance agreement for shared driveways, including how payment for snowplowing is divided, etc. What happens if my neighbor refuses to sign such an agreement?


Since he has never paid for snowplowing, I seriously doubt he would agree to start paying now, especially where he would not see any advantage to himself in doing so. ( I expect he plans on living out his days here, so "future saleability" of his own home would not be a consideration for him).


What is our legal recourse to force the issue? If we decide to start charging for our snowplowing service, can we sue him for payment?  Or if we decide to contract an outside snowplow service, can he be held accountable for half payment of plowing the shared driveway? Or are we stuck maintaining the shared driveway at our expense forever? I should mention that he and his family use the driveway daily as we do.


 



#2 FindLaw_John

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Posted 23 February 2011 - 07:17 AM

I would suggest contacting a local real estate attorney to discuss all possible options.  If you need assistance contacting one you can use FindLaw's Real Estate Attorney Directory. Many even offer a free consultation.

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#3 biggtown

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Posted 01 March 2011 - 03:22 AM

first go and talk to your neighbor. ask them for help with the issue. you will find talking goes a long way. lawers are not all ways the first answer. 




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