Deeded use of a Driveway - repairs needed

[heather818]

What is the name of your state (only U.S. law)? Connecticut

When I purchased my home in 2008 it included a deeded use of the driveway. The driveway is owned by the house next door and it is our only access to off street parking and our garage. The people who owned the home when bought our house were foreclosed on and a contractor bought the home and renovated it and now rents the 2 apartments out to renters. He also has an 8 bay garage on his property that he rents the bays out to various people as well.

This driveway is not paved and over the last 6 years weather has washed away much of the dirt leaving deep ruts and exposed large rocks that we have to drive over, it is getting progressively worse. The first year this new owner owned the property he told his tenants he would plow the driveway and he only ended up doing it twice and once it was so late in the day I ended up missing work. The driveway is over 300ft. We have since purchased a snow blower and we usually clear the driveway which I don't have a problem with but I still think he should be responsible for doing something for his tenants.

My big issue now is that it really needs to be leveled and paved, or gravel or something put down because the cars are having a hard time driving up and down, not just my family but also his tenants who I am pretty sure have not said anything to him about it.

I need to figure out who is responsible for repairing the driveway?

Thanks in advance.

 

[154NH773]

Read the following CT law.
http://www.cga.ct.gov/2014/ACT/pa/pdf/2014PA-00067-R00HB-05219-PA.pdf

 

[heather818]

Thank you, that is pretty clear. There are three homes, two with the deeded use and then the actual owner of the driveway so to me that sounds like it would have to be a 3 way split. The only problem is the owner doesn't appear to be interested and going to court would likely cost more money and the other home while they do have a deed to use it, they don't drive a car down there or park in their carport so the the owner of their home will not be interested in fixing it, hell he let their grass get 5ft high last year and never once even shoveled the sidewalk.

So it sounds like I am on my own unless I want to have a fight in court.

 

[154NH773]

In general, begin by documenting the condition of the road; get estimates for repairs, photograph everything; send a letter (RRR) to the owner of the road and ask him to proceed with the repairs. If he refuses; send letters to each of the tenants (RRR) notifying them of your intended repairs and give them time to respond, either agreeing or disagreeing to participate.

If you can afford it, run the whole thing past a good lawyer, and ask for help in preparing the Superior Court case. If you feel confident, you can bring the case yourself; if not, you have no choice but to hire a lawyer

Proceed with reasonable repairs and then ask for them to split the cost. If they refuse, sue!

In my state you would be able to bring this to Small Claims Court, but this law doesn't seem to allow that.