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  1. #1
    Join Date
    Jun 2008
    Posts
    4

    Default Maintenance Responsibility on a Right of Way

    New York State- We own a property (road) over which 6 neighbors have the right of "ingress and egress" to reach their cottages. In April, we had work done on the road because of huge ruts, and a general degradation of the beginning of the road, and only on the portion which benefits everyone equally. All neighbors were happy to contribute to the maintenance, except one. We have now received a letter from their attorney stating they have no responsibility to pay, and will not pay, their portion. Their deed refers only to ingress/egress, but at least one of the other neighbors has a mention in his deed for contributing to the maintenance. Where can we go from here? I know I can get an attorney to send the back and forth letters, but would prefer to escalate this.
    1. Is there a legal responsibility on their part to pay their portion of the road maintenance?
    2. If so, what court would I take this to? Would a small claims court handle this? (It is only $319.00)
    Thanks for any help you can give.

  2. #2

    Default Re: Maintenance Responsibility on a Right of Way

    My suggestion would be small claims and it would be an equity claim.

  3. #3
    Join Date
    Jun 2008
    Posts
    4

    Default Re: Maintenance Responsibility on a Right of Way

    Is there a legal responsibility on their part to pay their portion of the road maintenance in this case? Thanks for your help!!!

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Maintenance Responsibility on a Right of Way

    Is their deed one of the deeds that includes the express provision for contribution to maintenance costs?

  5. #5
    Join Date
    Jun 2008
    Posts
    4

    Default Re: Maintenance Responsibility on a Right of Way

    Their deed only says ingress/egress with no mention of maintenance responsibility.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Maintenance Responsibility on a Right of Way

    Too bad, as it seems that would have made this relatively easy....

    Unfortunately I cannot find a New York statute or recent case law addressing this type of issue, and don't have access to the type of resources I need to dig deeper. I suspect that this issue is treated in New York Jurisprudence, 2d, under Easement; that set of books is probably available through your county law library or an area law school.

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