Disagreement Over Plowing of a Shared Driveway

My question involves an easement in the state of:Maine

My current neighbor (moved in five months ago) has a huge driveway and it wraps around to my side. Our old neighbors for over 20+ years allowed people to park on the easement and only took exception when they needed to plow. Our deed and theirs states we both own half of the driveway (land survey showed this is true) and that we each have an easement. Our driveway is so small that when we have company we need to park in the easement because in the winter it's impossible to park on the street, and it's a busy street.

Also since we both own half, they expect us to snow plow (they don't plan on snow plowing since they are going to plow their primary driveway), they want me to push the snow (which is half theirs) onto my property away from their garage and fill up my backyard, but if snow gets bad it will play havoc with the ability to keep up. Do they have to plow their half as well? Maintenance is not described in our easement.

Can I dissolve the sharing driveway and split up our half to use for a new driveway I want to build? Can I go for adverse possession? I want to end the sharing of the driveway.

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Quoting solitas777

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Can I dissolve the sharing driveway

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No. It's a deeded easement. It runs with the land and you, your neighbor and future owners are bound by it.

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Quoting solitas777

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split up our half to use for a new driveway I want to build?

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I don't know what you mean by that but, obviously you can't "split" the driveway. However, you are free to pour another driveway adjacent to, and abutting, the original driveway.

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Quoting solitas777

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Can I go for adverse possession?

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No. Look it up. Doesn't work for this kind of situation.

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Quoting solitas777

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I want to end the sharing of the driveway.

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Not gonna happen.

But if you don't believe me, consult an attorney.

If the neighbors agree to terminating the complementary easements then yes, the easements can be terminated (presuming this involves no other properties)

you our can use the part of the drive on your side and add to it so you have a full drive completely on your property. They can still use their easement but you can prohibit them from using the new portion outside of the easement.

Thank you for replying. What about maintenance? We own it down the middle half, but there isn't any maintenance agreement in regards to re-tarring or snow plowing.

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Quoting solitas777

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Thank you for replying. What about maintenance? We own it down the middle half, but there isn't any maintenance agreement in regards to re-tarring or snow plowing.

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Then you take care of your half.

and what if they don't take care of theirs? Can they be compelled to?

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Quoting solitas777

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and what if they don't take care of theirs? Can they be compelled to?

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Probably not.

I hedge a little because if they violate a city or county ordinance they could be cited for it.

Otherwise, no.

Unless the easement says otherwise, you are probably not entitled to punch your snow onto Their lands and likewise they should not be plowing their snow onto your lands . odds are you can plow their snow onto your lands but that not what you wanted to hear or do.

Starting point as to,whether you can compel them to share in costs of maintaining the easement is the easement language .

As an aside, you may be on wrong side of equation IF during winter you are parked in easement so as to block their passage along easement ..whether they have alternate route is not the issue .

Actually they can likely be compelled to share in the costs to maintaining the easement but if they do not use the easement in the winter you would not likely be able to demand they share in the costs of plowing the drive. Costs to maintain a shared drive are generally apportioned on a pro rata basis of the use of the drive. The problem; if it cannot be worked out between the parties, it would require a courts intervention.

Ill have to dig into the actual statutes regarding this. I recall there is at least one state in the north-east that actually codified the liabilities of the parties of a shared drive but do not recall which state it was.

mainelandrights.com may get you to some maintenance decisions/issues ....I don't subscribe but it may be free or low cost.