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driveway access easement issues

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Junior Member
What is the name of your state? New Hampshire

I am looking for info with regards to access rights and responsibilities between myself and neighbor. They have an access easement in their deed that states:

An access easement from John Marvin Moir to Mark Maynard, his heirs, successor and assigns, dated July 22, 1985 and recorded in the Hillsborough county registry of deeds.​

There is no mention of easements in my deed. We live above them on a hill and we share the first section of the driveway (the easement, which is on my property) and the drive splits, ours going up the hill and theirs continuing on to their property.

My neighbors wife runs a private, unlicensed daycare and has 2 or 3 customers on a daily basis during the week. We used to have a pretty good relationship and they provided childcare for us as well. One day there was a blow up between my spouse and the neighbor over childcare responsibilities and we were left without daycare on a moments notice...my wife had to take a week off work unpaid as a result. Things went down hill from there. I used to plow their portion as well as the joint driveway/easement but stopped plowing the section of their driveway on their property after the blow up (he does and a tractor mounted snowblower so it isn't as if I was leaving them high and dry.

My question is...is my neighbor responsible for a portion of the maintenance on this shared portion of driveway or is it all my responsibility? I plow it, I have repaired the culvert, I grade it from time to time as well as trimming trees to gain access when it was blocked during a recent ice storm.
 


seniorjudge

Senior Member
If maintenance is not mentioned in the easement grants, then you take care of what is on your land and he takes care of what is on his land.
 

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