Shared driveway maintenance

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

We moved in next to my sister and her husband about a year and a half ago. We share the majority of the driveway, and there was an easement in place before we moved in. The driveway was in rough shape before we even moved in, but of course, has since gotten much worse. There are potholes everywhere and almost all the gravel has washed away. We can't keep our cars clean and we're embarrassed to have anyone over! My sister called me earlier this year and said that it was up to us to have new gravel put down and that they wouldn't help with it at all. I don't think this is very fair, especially considering the driveway was already bad when we moved in. Is there anything we can do?

gina.robbins said:

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

We moved in next to my sister and her husband about a year and a half ago. We share the majority of the driveway, and there was an easement in place before we moved in. The driveway was in rough shape before we even moved in, but of course, has since gotten much worse. There are potholes everywhere and almost all the gravel has washed away. We can't keep our cars clean and we're embarrassed to have anyone over! My sister called me earlier this year and said that it was up to us to have new gravel put down and that they wouldn't help with it at all. I don't think this is very fair, especially considering the driveway was already bad when we moved in. Is there anything we can do?

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Sure - put gravel down.

(The fair left town in September)

No kidding? Gee, I would have never thought of that...

Anyone else who can offer some REAL advice? We shouldn't be liable for the entire drive.

Without some language in the easement that says how maintenance is shared, you will have to go to court to determine if you can be compensated for work you may perform.

The question may come down to what maintenance is "necessary" in order to gain ingress and egress. If you can currently use the driveway, then it could be claimed that gravel is unnecessary for access.

It would probably be cheaper to just pay for the gravel yourself, and not fight in a court battle you may very well lose, and you will never be friendly with your relatives again.
If you are at the beginning of the easement, just do gravel to where you need it. If you are at the end... well then they get a free ride. Believe me, I spent 4 years fighting just such a situation, and at the end the court said the other party was obligated to pay, but then said they didn't have to. The courts may not help you at all.

gina.robbins said:

We shouldn't be liable for the entire drive.

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That is true, but as NH said gravel is cheaper than a lawyer.

Just don't invite them to Christmas dinner. Awk. Ward.

I don't think this is very fair, especially considering the driveway was already bad when we moved in.

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Then you would have taken that into consideration when determining the fair purchase price of the property....knowing that the driveway was in disrepair and would need to be fixed.....right?

Kiawah said:

Then you would have taken that into consideration when determining the fair purchase price of the property....knowing that the driveway was in disrepair and would need to be fixed.....right?

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Maybe she assumed her sister would do the reasonable thing and split the cost of repair?

Actually, when we first moved in, my sister and her husband suggested we split the cost of the repair/gravel. At the time, we didn't have the money and told them to hold off until tax time. By that time they had changed their minds and wanted us to be 100% responsible. Go figure. My husband patched the holes a week ago, so this is as good as it gets until they decide to help out...

Mrs. OS and I had a similar situation. We finally went with 4-wheel drive vehicles so we could get around our neighbor's vehicles went they got stuck in the potholes, ruts, etc. Smile, wave & laugh.

It's funny you should say that, because we both have 4 wheel drive SUVs and they have sedans