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shared driveway vs. personal driveway

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szyent

Junior Member
What is the name of your state (only U.S. law)? MN

We are the second house of three along a shared driveway (easement). We share costs of repair and plowing 47/47/6 according to a document filed with the city when these lots were developed in the late 90's.

The issue is : The neighbor at the end of the shared driveway believes the shared driveway includes what we are thinking is his personal driveway, including all of his parking areas and up to his garage and front step. As a result, he wants us to share in 47% of the plowing of what we consider his personal driveway. Don't all three of us have personal driveways that branch off of the shared driveway? We figured out the additional cost to us is at least $200 per winter season.

What is the definition of shared driveway? Personal driveway?

I need some hard legal logic because he is thoroughly convinced on his viewpoint.

Thank you.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? MN

We are the second house of three along a shared driveway (easement). We share costs of repair and plowing 47/47/6 according to a document filed with the city when these lots were developed in the late 90's.

The issue is : The neighbor at the end of the shared driveway believes the shared driveway includes what we are thinking is his personal driveway, including all of his parking areas and up to his garage and front step. As a result, he wants us to share in 47% of the plowing of what we consider his personal driveway. Don't all three of us have personal driveways that branch off of the shared driveway? We figured out the additional cost to us is at least $200 per winter season.

What is the definition of shared driveway? Personal driveway?

I need some hard legal logic because he is thoroughly convinced on his viewpoint.

Thank you.
Well, you could include everybody's personal driveway into the mix and deal with it that way.
 

FarmerJ

Senior Member
Some where in the easement since they went to the trouble of spelling out percentages does it also list footage ?
other wise it should not be hard to figure it out measuring from the first driveway to where it connects to public road , Also feel free to remind this one that because it is spelled out if he feels otherwise entitled to something else he should discuss suing with his attorney otherwise until then your answer is that you will not pay for his personal driveway to be plowed.
 

154NH773

Senior Member
As farmerj said, if the easement is spelled out to the point of maintenance percentages, then the document should also precisely spell out the location and dimensions of the actual easement. You are only responsible for that area.
You will need to get a copy of the actual easement and any plats referred to, or a survey of the actual easement.
If you do not have a copy of the easement, a title company can do a search and get one for you. It should be inexpensive.
Once you get the easement language describing the location and extent of the property involved, if you think it doesn't describe his "private driveway" I'd do what was suggested and refuse to pay what he asked for.
If you are unsure if his driveway is included, get a survey. The surveyor should be able to determine the exact property you are responsible for from the easement language and associated plats, etc.
If you are sure you are within your rights to deny his demands, then as suggested; simply refuse to pay his amount and he will have to take you all to court. While I would advise you to use a lawyer, it may be possible to present the survey and easement to defeat his claim by yourself.
 

154NH773

Senior Member
Also, since the neighbor's lot is the last one served by the easement, it is likely that the easement ends at his property line, and that no easement for which you are responsible extends beyond his property line. In that case he would be responsible for all plowing on his own property, just as you are.
 

szyent

Junior Member
Thank you all for your input. There is a page in the document that shows dotted lines for the easement. We will go by that when we talk with him since it seems that "easement" = "shared driveway".
 

FarmerJ

Senior Member
You have a nice day to be out and just so you know those fabric type tape measures that are 200 ft long with reel and crank can be gotten at places that are like unclaimed freight type dollar stores for about 8.00 ,very handy for doing extra long things. (Im going to finish painting my trim today , between the dribble rains and it getting dark early yesterday I had to stop LOL )
 

154NH773

Senior Member
"Thank you all for your input. There is a page in the document that shows dotted lines for the easement. We will go by that when we talk with him since it seems that "easement" = "shared driveway"."
You don't mention what the "document" is.
There could be a wide difference between a "shared driveway" and an "easement". A shared driveway could be land owned in common between all of you, and would likely have rights and responsibilities spelled out in the deed; or, it could be owned by a person(s) or an entity like a homeowner's association, with easements granted to users. An easement is the right to use property not owned in fee, in some manner as described in the filed easement document.
In this case it's probably not relevant who owns the property, just the legal description of the easement it's self, and the user's responsibilities. So... It's important that you are relying on a "document" that may, or may not, have legal standing.
Don't make demands, or concessions, without a thorough understanding of the legal documents.
 
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