Shared Driveway

[Robert Rendrick]

CA -- I have an easement to use a portion of the neighbor's driveway that has been used for 30 years. The new owner claims that it is my obligation to pay for "repair and maintenance" of the easement. In my estimation it does not need "repair"--I believe he really wants to upgrade from the existing gravel to concrete. His estimate of cost= $5,000+.

1) Am I required to bear all costs of any repair?

2) Do the terms "repair and maintenance" include uupgrading to a different surface?

 

[HomeGuru]

What does the easement document state?

 

[Robert Rendrick]

The exact wording of the easement is on his deed--I don't have a copy, but it says in effect that I have the right to use 93 feet by 20 feet of his driveway-- period. No mention of maintenance or repair.

His attorney's letter refers to: McManus v. Sequoyah Land Associates, (1966) 240 Cal. App. 2d 348, 356-57. Your duty to maintain and repair the easement is contained in California Civil Code % 845 (a) (West 2001). "which states in pertinent part: 'The owner of any easement in the nature of a private right of way, or of any land to which such easement is attached, shall maintain it in repair'. ...it is settled law in California that absent to an agreement to the contrary, the owner of the easement has the sole duty to maintain and repair it. See Reinsch v. City of Los Angeles, (1966) 243 Cal. App.2d 737,747."

According to the above, it appears I am require to 'repair and maintain' that portion of the driveway, but I can't believe the law would exempt him from any of the costs since he also uses that portion of the driveway. Also in question: definition of "repair".

 

[HomeGuru]

You are correct and that will be your argument. Since the driveway is shared, the repair and upkeep should also be shared.