Who is responsible for shared driveway repairs?

[blacksheep216]

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

Our neighbors use our driveway to access their landlocked parcel. No easement is recorded either on our deed or the neighboring property's deed. Given that the driveway, which is entirely on our property, has been used for decades by the various past and present owners of the adjacent house, we suspect that a prescriptive easement has been established.

The shared driveway now is badly in need of repair. Our question is who is responsible for paying the necessary costs to repair and maintain the driveway. While the former owners of the adjacent property had always offered to share equally in any costs to repair and maintain the shared driveway, the current owners have refused to do so and have stated, with increasing levels of aggression, that they expect us to bear the full cost and to do the repair work quickly because they are having trouble getting their cars into and out of their carport. Recently, they threatened to sue us because we have not yet performed the repairs. We would like to proceed with the repair work but feel we cannot begin the work until we understand who is legally responsible for paying.

Our interpretation of the California Civil Code, Section 845, is that we as the owner of the driveway are responsible for maintaining it in repair, but that the neighbors need to share in the cost of such repairs in proportion to our respective use of the driveway (effectively, that is 50/50). Does this Section apply only to recorded, written easements, or would a prescriptive easement also qualify? It seems reasonable to expect that if the neighbors are using the driveway equally, they should also be paying equally for it upkeep.

In the absence of a recorded easement, are the neighbors responsible for paying their share of the repairs? If they refuse to pay, what recourse do we have? Can we apply to a court for arbitration and possibly judgment to apportion the cost? If we do so, do the courts typically uphold a 50/50 apportionment? Do we have the right to terminate the neighbors' access across our property if they will not pay their share of the repairs? How would that be effected?

Common sense dictates that if they have the right to use the driveway, they should be required to pay their share of needed repairs. What does the law say about this? Thank you for your help!What is the name of your state (only U.S. law)?

[FarmerJ]

Just out of curiousity what is the barest minimal repair your city will permit? Crushed rock /gravel for example ?

[154NH773]

I'm not really giving any advice here, as your state may have different laws.

I would think you would not be obligated to do anything until such time as a court declared a prescriptive exists. If your neighbor wants to bring that issue to court, you would then probably have an opportunity to raise a counter-claim for maintenance cost. Since your neighbor would have brought the case, it's possible you would not be burdened with court costs.

[blacksheep216]

Thank you for the early responses. To clarify, the city does not require that we make any repairs at this time, except perhaps for some very small ones to the curb and gutter at the street level. However, both we and our neighbors agree that the existing concrete has failed and that the driveway will soon become impassable if repairs are not made. Already it is very difficult to negotiate the driveway due to the state it is in.

[HomeGuru]

Originally Posted by blacksheep216

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

Our neighbors use our driveway to access their landlocked parcel. No easement is recorded either on our deed or the neighboring property's deed. Given that the driveway, which is entirely on our property, has been used for decades by the various past and present owners of the adjacent house, we suspect that a prescriptive easement has been established.

The shared driveway now is badly in need of repair. Our question is who is responsible for paying the necessary costs to repair and maintain the driveway. While the former owners of the adjacent property had always offered to share equally in any costs to repair and maintain the shared driveway, the current owners have refused to do so and have stated, with increasing levels of aggression, that they expect us to bear the full cost and to do the repair work quickly because they are having trouble getting their cars into and out of their carport. Recently, they threatened to sue us because we have not yet performed the repairs. We would like to proceed with the repair work but feel we cannot begin the work until we understand who is legally responsible for paying.

Our interpretation of the California Civil Code, Section 845, is that we as the owner of the driveway are responsible for maintaining it in repair, but that the neighbors need to share in the cost of such repairs in proportion to our respective use of the driveway (effectively, that is 50/50). Does this Section apply only to recorded, written easements, or would a prescriptive easement also qualify? It seems reasonable to expect that if the neighbors are using the driveway equally, they should also be paying equally for it upkeep.

In the absence of a recorded easement, are the neighbors responsible for paying their share of the repairs? If they refuse to pay, what recourse do we have? Can we apply to a court for arbitration and possibly judgment to apportion the cost? If we do so, do the courts typically uphold a 50/50 apportionment? Do we have the right to terminate the neighbors' access across our property if they will not pay their share of the repairs? How would that be effected?

Common sense dictates that if they have the right to use the driveway, they should be required to pay their share of needed repairs. What does the law say about this? Thank you for your help!What is the name of your state (only U.S. law)?

**A: you as the property owner are responsible for repair. If you get no cooperation from the users, you need to sue.

[154NH773]

§845 Private Easement Maintenance by Owner of Easement or Land Easement Attached to - Apportionment of Cost - Actions

(a) The owner of any easement in the nature of a private right-of-way, or of any land to which any such easement is attached, shall maintain it in repair.

As there seems to be no recorded easement, and you must be sure of that, it would also seem that 845 would not apply to you.

My prior advice is not "legal" advice, but I still stand by it.