This is just a general question regarding Liability issues with a shared right of way.
This is for NY state. I live at the far end of a shared right of way that has 4 properties involved. I don't own any of the property that contains the shared roadway, it's owned by the other three houses on the opposite side of the driveway from me. Of the 4 properties, the one across from me is a summer home only and the property at the road end does not use the right of way as they have their own driveway. So that leaves only two houses that use the driveway in the winter.
Due to the fact that I have a snowblower and have to get to work and the other homeowner could care less about clearing snow, I snowblow the whole length of the driveway from my house to the road.
I've always wondered who is responsible for anyone injured by slipping on the driveway in the winter due to ice/snow buildup? Would it default to me since I an the one that performs the snow removal or does it fall to the individual property owners? I can't see how the summer home across from me or the house that does not use the driveway could be responsible for the driveway in the winter even though they own parts of it. I had always assumed that if my wife or I got hurt on it that we were responsible for ourselves since we have the right to use that property. But what if a sales person or paperboy slips and falls?
There is no maintenance agreement and nothing in the deed about maintenance of the roadway. So am I inadvertently increasing my liability by clearing the snow from the whole driveway?