Maintenance and Plowing of a Shared Easement in New York State
We live on a shared driveway with an ingress/egress easement for the part of the road that crosses the property of a neighbor (house 4 for reference.)
There are three houses in front of him and we are one of two behind him. Plowing was always split 6 ways. This year - and we agree with this - the plowing bill will be split pro rata for distance so the two houses in the back are being told we owe 2/3rds (1/3rd each) of the total plow bill. However, that plow bill includes the personal driveway of House 4 - a not insignificant loop in front of his house.
We are trying to get the personal driveway separated out of the plow bill before the split is calculated. House 4 says he won't do that because "that has always been included".
The problem is that the other 3 houses keep saying that the guy whose property is crossed "owns the road" and can charge whatever he wants. In fact, they argue he is doing us a favor by organizing the plowing - something we are perfectly willing to do.
The bottom line is do we have any right to insist legally on fair treatment in this regard or does house 4 have the power to do what he wants because the road is on his land? In fact, his driveway is at the front of his property so there is a considerable section after his driveway that only houses 5 and 6 use.
We have been told that house 4 is a nice guy because he could be charging us a lanscaping fee for mowing along the road - a part of his land that any reasonble person would consider his lawn. Is that a valid threat?
Lastly, the road is not maintained well. We and house 6 have patched it ourselves on several occasions at our own expense due to serious potholes. Do we have a right to demand a well-maintained road within reason? We are willing to split costs based on distance but houses 1-3 use the paved portion so they don't care about the dirt portion.
Re: Maintenance and Plowing of a Shared Easement in New York State
Does you deed say anything about plowing or maintenance of the road?
If the argument against removing the private loop is "it's always been that way" then why does that not apply to the changes that are now being requested, ie if the driveway plowing was always split equally then "it's always been that way and why change it"
The owner of the property you cross can charge you anything they want, as long as it is less then ZERO. If you have a deeded easment or ROW across his property then you have more rights to the piece of land than he does, you are the Dominant tenant for that section of his property. He can not put anything or do anything to the section of his property that has the easement that will block you usage of the road. He owns the property but not the road, an easement is not a toll road. If he wants to charge for mowing his lawn for you then tell him not to mow it.
AS for potholes and such, I"m pretty sure that all parties that use the section of the roadway are equally responsible for costs to repair it, but getting each to pay their share might require legal intervention through lawyers and courts, ie $$$$$. The person who owns the property that the road crosses is not responsible for providing YOU with a maintained roadway, it is your easement so it is yours and other who use that sections responsibility to maintain the road surface for your use.
If the plowing issue can't be settled then why not just tell the others that you want out of the group plowing and contract for your own plow guy to clear your section only?
Re: Maintenance and Plowing of a Shared Easement in New York State
I got the easement language. None of the houses in front of House 4 are named. The easement refers to three lots: 2, 3 and 4. We are 2 and the guy who everyone is deferring to for the plowing is lot 4. Lot 3 is behind us.
The language is
"The present or future owners of Lots 2 and 3 share equally with the Declarant or subsequent owner of Lot 4 the cost of the maintenance, including snow removal, of said common access driveway..."
So, the three of us are responsible for splitting the cost. Lot 4 is not given sole and super right to hire a plower without our consent. Lot 4 is not given the right to include the plowing of his personal driveway off the common road in the portion we pay. Currently, Lot 4 has hired a plower for $150 a plow - including his personal driveway - and intends to bill us $43. We found a plower who would do the road only for $110.
The next section of the easement is good to:
"In the event that any owner shall default in making his or her proportionate contribution to the costs of the common driveway maintenance and repair, and after having receieved written notice thereof from the non-defaulting lot owners or owners, such unpaid amounts...shal be deemed to be a lien upon the lot..."
Once again, no single lot owner is given more control than the others.
The question becomes do we really make a stink about this for what amounts to about $10 a snowstorm. I don't think we want to.