Shared Driveway Repairs

What is the name of your state? Michigan

My neighbor and I share a driveway that runs through an easment on my property. He recently pointed out some needed repairs and suggested that I should pay 100% of the cost for those repairs.

I didn't like that idea, so I got several repair estimates. I then wrote my neighbor sugesting that we share in the repair expense and letting him know what his share of the expense would be. I also asked that no repairs be initiated without my prior written approval.

He did not respond to my letter - but - he DID go ahead with the driveway repairs on his own. My questions are:

1) Do I have any liability for the expense? What if my neighbor fails to pay the contractor for the repairs he unilaterally initiated?

2) Do I have any decision-making rights regarding repairs to a driveway that runs through my property? If so, it seems that these rights have been violated. What is my recourse?

3) My understanding is that this easment gives him the right to use - not ownership. What can & should I do to remind my neighbor that he has no ownership rights in the easment?

thanks!

searchcz said:

Do I have any liability for the expense?

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Yes... and no.
You have no direct liability, but if this were to go to court, I can see the court ruling that you benefited and could hold you liable for some of the expense.
In my opinion, the contractor screwed up in not verifying that the person contracting for the services was the owner or authorized to do so.

What if my neighbor fails to pay the contractor for the repairs he unilaterally initiated?

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See above.

Do I have any decision-making rights regarding repairs to a driveway that runs through my property?

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Yes.

If so, it seems that these rights have been violated. What is my recourse?

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If you end up having to pay anything, you can sue your neighbor for your 'damages'.

My understanding is that this easment gives him the right to use - not ownership. What can & should I do to remind my neighbor that he has no ownership rights in the easment?

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Send him a certified letter detailing his rights... and lack of. Also, include a statement that you are not liable for his contracted services.