Joint access maintenance dispute

Oregon

Our driveway is used by seven different residences. One of the users had 80 loads of gravel and cement hauled to his property in wet weather, causing damage to the road, which now needs several loads of rock. The rock would not have been needed if he had not brought in the 80 heavy loads. He claims everyone is responsible for paying for the rock, we say he should pay for it. Who is right?

What does the easement say? Is it limited to private vehicles or something? If so, you may have a good basis to say that his use was unreasonable.

If he was using it according to the terms (eg. for access) then your position is tougher to sustain. Yes, you could claim the use was still unreasonable but he could respond that he was using it according to its terms.

Also, is there a maintenance agreement that calls for sharing expenses of repair, etc.?

(BTW, morally you seem right, but legally is another question--he should repair it without complaint, but people are jerks these days)

The easement says "maintenance is according to use", and I have been told that in Oregon heavy truck travel is excessive use. Most easements don't restrict this because of building and logging. He does have the right to use the road this way, but we believe he is responsible for repairs to damage caused by such traffic.

Document the use, photograph the damage caused by the trucks, and get everyone else affected on board. I think you have a good case for him to pay the excessive wear by the "maintenance is according to use" language.

I'm not sure about Oregon, but that would be a small claims action in my state.

Put everything into a timeline, with all the available documentation present, including the "heavy truck use considered excessive", check with all the agencies you can think of for other possible relevant information and provide this information along with the request and estimated cost of having the road repair done all together to complete the presentation to whomever. The reaction will help you with your next step.