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  1. #1

    Default Disagreement Over Shared Driveway Enhancement and Maintenance

    My question involves real estate located in the State of: Ohio

    Hello - I am looking for help identifying rulings regarding maintenance of a shared driveway in Ohio.

    In brief, a neighbor undertook an extensive and very expensive erosion control project, which necessitated asphalting at the end of the work. There was no documentation by an engineer that such work was warranted. We have an easement on the driveway that is at the center of this project and includes a bridge, which was showing signs of erosion (small areas falling away, but that likely could have been addressed with reinforcement of the ground beneath the bridge). Our deed states that decisions regarding maintenance and repair of the driveway is to be subject to a vote whereby each parcel has 1 vote. We have 2/4 parcels and declined this project. The deed does not address deadlocks. The work was done, and now we are being asked to pay.

    Please help direct me to a way to identify relevant rulings regarding 1) enhancement vs. maintenance, 2) shared driveway maintenance, and 3) repayment structuring, as we will likely need to repay some of the work and cannot afford it in a lump sum.

  2. #2
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    Default Re: Disagreement Over Shared Driveway Enhancement and Maintenance

    Who's land is the easement on (who is the servient estate). Is it the neighbor that undertook the improvements or one of the dominant estates? I take it that there are four properties that are dominant estates? You are two of them. Are the other two under common ownership or separate?

  3. #3

    Default Re: Disagreement Over Shared Driveway Enhancement and Maintenance

    The owner of the servient estate (driveway owner) performed the repairs. He owns one parcel, and another neighbor (dominant estate) owns the fourth.

  4. #4
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    Default Re: Disagreement Over Shared Driveway Enhancement and Maintenance

    So what you really have is a servient estate and 3 dominant estates. Now is it your interpretation that there are 4 votes (because 4 properties use the easement) or does the grant in your deed say that the grantor and grantees will each have one vote? If it doesn't say that, you only really have three votes to determine what maintenance and/or improvements get made. That gives you the advantage in owning two parcels. And it might make sense that the grant didn't have to address a deadlock being there was an odd number of votes.

    I'm researching the Ohio case law. We have debated the issue of the servient estate improving an easement many times on this forum. As a very general rule, an improvement by the servient estate cannot be charged to the dominant estates without some express language in the grant or a court decision. You use the word enhancement in your post. Do you mean improvement or are we just speaking of repair and maintenance? Maintenance and repair is the responsibility of the dominant estates.



    I will let you know what I find.

    It would be helpful if you could post the grant language.

  5. #5

    Default Re: Disagreement Over Shared Driveway Enhancement and Maintenance

    Sorry for the delayed response - long work week. The language is as follows:

    "The Grantee recognizes that the above described parcel is one of four parcels abutting the described roadway. The Grantee in accepting this Deed covenants with owners of the other parcels that he and his heirs and assigns shall contribute one/fourth of the costs necessarily incurred in the maintenance of said roadway, and such charge shall be a lien on his parcel. Necessary repairs shall be decided by Majority Vote of the Owners, each parcel having one vote."

    This language is repeated with regard to the second parcel of land.

    When I say enhancement, I mean improvement. The problem was that the ground beneath the bridge was was eroding, and likely had been eroding since the construction of the properties approx 40 years ago. In my mind, the most direct way to address this issue, which we would not have disagreed with, would have been replacement of the eroded dirt and rocks, and repair of the bridge. Instead, a very expensive erosion control project consisting of pipes and ditches was performed without our consent. I'm trying to make the argument that this did not constitute repairs or maintenance.

    Moreover, the cost that we are being asked to pay represents 30% of my husband and I's combined yearly pre-tax income and we just don't have the money ($30K). Even if we lose this argument, are there laws that would protect us from the financial hardship of repaying this, especially in a lump sum?

    Could you please direct me towards resources for looking up rulings that help our argument?

  6. #6
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    Default Re: Disagreement Over Shared Driveway Enhancement and Maintenance

    Quote Quoting ConcernedHomeowner
    View Post
    "The Grantee recognizes that the above described parcel is one of four parcels abutting the described roadway. The Grantee in accepting this Deed covenants with owners of the other parcels that he and his heirs and assigns shall contribute one/fourth of the costs necessarily incurred in the maintenance of said roadway, and such charge shall be a lien on his parcel. Necessary repairs shall be decided by Majority Vote of the Owners, each parcel having one vote."
    I don't mean to beat a dead horse but now it sounds like you have four dominant estates and the servient estate does not have a vote. As I already stated, the servient estate can improve the easement on his own property but cannot charge those improvements to the dominant estates if there is nothing in the granting permitting it unless a court so rules.

    With the amount of money being involved, you should consult an attorney in your area that specializes in real estate law before the servient estate sues you for the money or tries to place a lien on your property.

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