Sharing Costs for a Joint Ingress Egress Easement in North Carolina

[Mac_]

A 20' ingress / egress easement runs across our farm. I would greatly appreciate feedback on how to divide the maintenance costs. The easement is mute on this topic, except for a statement that the first party (my wife and myself) assume no responsibility for maintenance.

The easement is used by 3 parties.

1 - Myself and my wife.

2 - The tenant in a mobile home that I own.

3 - The neighbors at the far end of the lane.

I need to propose a fair way of sharing maintenance costs to the neighbors (party 3).

The first section of the easement is used by 1, 2, & 3.

The second section is used by 2 & 3.

The third section is used by 3.

Since 2 is my tenant, I assume that I am responsible for a fair share of the maintenance for that use of the easement.

My initial thoughts are that a fair split of the maintenance costs would be:

First section: I pay 2/3 of the cost and neighbor (3) pays 1/3

Second section: I pay 1/2 of the cost and neighbor (3) pays 1/2

Third section: Neighbor (3) keeps that portion up as he sees fit at his own expense.

Does this sound reasonable?

How is this typically worked out?

Thanks,

Mac

[Mr. Knowitall]

The easement was created how long ago? How has this been handled in the past? Past practices can ripen into enforceable arrangements.

The language you provide suggests that the intention was that the easement be for the exclusive use of the "neighbors at the far end of the lane"; was that the case, with you and your tenant deciding that it was more convenient to use the easement than to create your own driveway?

Have you discussed this with your neighbor?

[Mac_]

The easement was created about 15 years ago and was for 8 parcels. My wife and I only owned 1 parcel at that time. There was an existing private road shown on the recorded surveys at that time, but no easement. When the owner of the farthest parcel wanted to sell it, we were badgered to sign an easement. I added the language about the maintenance. We now own 5 parcels. We live on the 1st parcel off the main road. We have a mobile home on our parcel that is farthest from the road. The neighbors place is at the far end of the easement.

So there are only 3 parties currently using the easment. My wife and I, our tenant, and the neighbors at the end of the lane.

I'm tired of badgering the neighbor about lane upkeep. I am just finishing some upkeep on the first part of the easement, and the neighbor has made no effort to ask what he owes me for stone, labor, etc., so I want to discuss the matter with him and propose some reasonable division of maintenance costs.

We have shared upkeep in the past, typically the neighbor would buy a load of stone and I would furnish my tractor and front loader, or something similar. The neighbor now has a tractor and front loader of his own. I have never performed any of the maintenance on the third part of the lane.

I would to present something like what I initally laid out, then propose that this summer he regrade the second part with me helping lay things out. The second part is all high ground and can be fixed up by creating drainage swales on each side with a crowned travel lane in the middle without buying any stone. And then he can do, or not do, what he will with the third part.

So, whatcha think?

How is the maintenance issue typically resolved when there is no written agreement?

Thanks,

Mac_

[mudpie]

Generally, with no maint. terms, the dominant tenement is responsible for upkeep. However, just because the neighbor may be the dominant tenement on paper, you are using the same roadway equally.

Which may indicate your prorated interest. Now although your calculations and proposal sound reasonable, the neighbor realistically can refuse to pay anything leaving you holding the bag for repairs on the length leading to your home and rental unit.

Other than a court order, you may be out of luck. You can't get blood out of a turnip.