County easment/county lets neighbor devlop

[tonjuark]

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

There is a county easment that boarders on our property. We boarder the easment 100% the neighbor to the back of us wanted to develop it to add a new entry to his home. He already had an existing entry, but went anyway to the county commissioners and they granted him approval to do so. We did not want him to develop the easment expecially since he already had one. We had went to the commissioners and tried to stop him from developing the easment. Well, we lost and he was able to put the road in with the exception that he maintain it not the county. Now, 6 years later it is in our best interest to abandon our origial road and come off the new road that the neighbor built which is a county easment. My question is can the neighbor send us a bill for half the construction of the road.

 

[154NH773]

My question is can the neighbor send us a bill for half the construction of the road.

He can always send you a bill; whether you have to pay it is a different matter.

It probably depends on the wording of the easement and any other provisions of the county (if they own the land).

It would likely be similar to a utility easement; where, when a new person connects into an existing line that has been paid for by a customer, there is a prorated cost sharing. Normally that sharing is waived after a set period of time, and the new person wouldn't have to pay construction costs if a number of years have passed.

My own feeling would be, that the fair thing to do is offer to pay an amount equal to the benefit. In other words, if you are only going to use 50% of the easement, then offer to pay 1/2 of that portion.

If you get an easement from the county, make sure there is a well described, and fair, maintenance agreement that applies to all easement holders.