Who Pays to Plow Snow Off Easement

[jantastico]

My question involves real estate located in the State of: New York

We are in the process of building a home right now. My cousin owns 400 yards of driveway (6 acres of land) that we have to cross in order to get to our home. They currently have no house or anything on their property that would require them to plow or shovel the snow off. I told her that we would split the cost to plow 50/50. She replied, why should I plow it when I do not use it at all? It is her land, she owns it and pays the taxes on it. She has owned the land since 2002.

Who should take on the responsibility of having it plowed? Do we pay for it because we need to get to our home? Or does she pay for it because she owns it? What would the Law have us do? Thanks!

[jk]

Who should take on the responsibility of having it plowed? !

generally and by law in any state I have found an actual statutory requirement, whomever uses the easement is liable for maintaining the easement. If there are multiple parties using the easement, then the costs would be shared based on the amount each party uses the easement.

so, in other words, it the other person does not use the easement and you do, you pay to maintain the easement. BTW; that does not include just snow plowing but all maintenance such as grading and such.