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wantstomaintain

Easement maintenance

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I understand that it is my shared responsibility to maintain the driveway. Neighbor says I don't have the right to do it myself because I am not licensed and insured. His fear is me hurting myself on his property. I own a 4 wheeler with a plow and have done it along with all the other neighbors until last year he sent us all a letter stating he would not allow us to do maintenance. Now the road is in significant disrepair and he is trying to make us all pay for it. I feel if maintained the road wouldn't be in such bad shape. Can I plow the road myself after it gets fixed? what are my obligations for his 22k bid for redoing the road?

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1 hour ago, wantstomaintain said:

 

I understand that it is my shared responsibility to maintain the driveway.

 

 

What driveway?  Shared with whom?  What "maintenance" needs to be done on a driveway?  Does this driveway have anything to do with the road mentioned later in your post or the easement mentioned in the subject header of your post (but not in the body of the post)?

 

 

1 hour ago, wantstomaintain said:

Neighbor says I don't have the right to do it myself because I am not licensed and insured.

 

In the first sentence, you mentioned "responsibility."  Now you're talking about a "right."  Why is this any of your neighbor's business?  Is your neighbor an attorney?  What makes your neighbor think you have to be "licensed and insured" to do this?  Licensed by whom?

 

 

1 hour ago, wantstomaintain said:

His fear is me hurting myself on his property.

 

Why?  He's not one of those people who think a property owner is liable just because someone gets hurt on the property, is he?

 

 

1 hour ago, wantstomaintain said:

Now the road is in significant disrepair and he is trying to make us all pay for it.

 

What does a road being in disrepair have to do with maintaining your driveway?  Who are "us all," and why and how is "he . . . trying to make [you] pay for it"?

 

 

1 hour ago, wantstomaintain said:

Can I plow the road myself after it gets fixed?

 

We have no way of knowing what you're capable of doing or why you might "plow" a road (plowing is typically done in fields in connection with the growing of crops).  If your intention was to ask whether it would be legal for you to do so, we have no way of knowing.  Most "roads" are public property, which begs the question why the city isn't handling road maintenance.  If this is a private road, is it on your property or someone else's property?  If it's on your property, you're likely free to do as you please.  If it's on someone else's property, what concern is it of yours?  You mentioned an "easement" and a "driveway," as well as this road, but haven't given us any indication what those things have to do with each other.  You sort of started in the middle of a story as though we we're all familiar with the situation.

 

 

1 hour ago, wantstomaintain said:

what are my obligations for his 22k bid for redoing the road?

 

Based on what you've written, I haven't the slightest idea.

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it is the responsibility of the dominant estate to maintain an easement on the serviant estates land. 

serviant land owner is liable, dominant estate is responsible for road maintenance i.e. snow plowing, road grading (gravel road)

road, driveway, easement,= all the same thing

his concern is someone being insured and bonded to protect himself from lawsuit and bonding to protect his property from damage 

he asked me to not maintain the road a year ago and now that the road is washing away slowly he has gotten an estimate for work that was 22k. he is having troubles with 2 of his own neighbors threatening to sue for property damages because the culverts are clogged and the road /easement/driveway is washing on to their property.

can i get on my 4 wheeler and remove the snow myself or for that matter can I buy a tractor and work on the road?

 

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You don't need to lecture anyone here about the law of easements, but you do need to explain the facts better, and you didn't answer nearly any of the questions I asked.

 

How about starting from the beginning?  Something like this:  "I own a piece of property.  I also have an easement on land belonging to my neighbor.  On that easement exists. . . .  The deed that created the easement provided that. . . ."

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You referred to an easement.  An easement is not co-ownership, it is a right to use someone else's land for a specific purpose.

 

Do you co-own the land, do you have an easement to use his land, or does he have an easement to use your land?  In other words, who is the actual owner, and who has the easement?

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I am the dominant estate( hence my responsibility for maintenance) he is the serviant estate( my driveway/ easement is on his property). there is no deed as it was platted on the zoning and planning map at the county office when the lots where divided. if it where my land I wouldn't need an easement nor would there be question of me being able to work on the road myself!

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53 minutes ago, pg1067 said:

What driveway?  Shared with whom?  What "maintenance" needs to be done on a driveway?  Does this driveway have anything to do with the road mentioned later in your post or the easement mentioned in the subject header of your post (but not in the body of the post)?

the driveway that myself and 4 neighbors use to get to our house ,that is an easement across one of the neighbors property. shared by myself and the other neighbors that use the road( again 4 others, 5 including myself)

again road, driveway, easement = all the same thing

57 minutes ago, pg1067 said:

What driveway?  Shared with whom?  What "maintenance" needs to be done on a driveway?  Does this driveway have anything to do with the road mentioned later in your post or the easement mentioned in the subject header of your post (but not in the body of the post)?

again the driveway that i and my 4 neighbors use to get to our houses

again shared by myself and 4 neighbors

dirt driveway needs grading as the rains wash away the decomposed granite ( gravel), also needs snow removal as it is hard to drive on 3 feet of snow

again road/driveway/easement= all the same

1 hour ago, pg1067 said:

Why?  He's not one of those people who think a property owner is liable just because someone gets hurt on the property, is he?

can't speculate on why I am not aware of his thoughts

1 hour ago, pg1067 said:

What does a road being in disrepair have to do with maintaining your driveway?  Who are "us all," and why and how is "he . . . trying to make [you] pay for it"?

the road is my driveway and it is in disrepair because of a lack of maintenance. us all are the dominant estates the responsible party for maintenance.

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There's no real way to answer your questions without reading the document by which the easement was granted (there are limits to what you can accomplish on an Internet message board).  Quote it if you like.  Otherwise, I suggest you consult with a local real estate attorney.

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the only document that exists is the plot map at city and zoning office. I have pulled everything on every house at the county records office all the way back to the subdividing of the plots there is no easement documents other than utilities easements on all property borders for 10 feet and a natural gas easement when they ran gas in 1996 and the "40' driveway easement "

 

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1 hour ago, wantstomaintain said:

there is no easement documents other than . . . the "40' driveway easement "

 

Ok....what is this document?  Does it have a title?  What else does it say?  Presumably, it's not just an otherwise blank page that says "40' driveway easement."  There has to be something that describes the easement and says in whose favor it exists.  For example, what does the reference to "40'" mean?  Is that length?  Width?  Whichever one it is, what about the other dimension (e.g., if it's 40' wide, how long is it)?  From where does it start and where does it end?  I don't necessarily expect you to know the answers to those questions, but there must be some document that answers them (and, if there isn't, that's all the more reason to consult with an attorney).

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