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-   -   Law on Shared Driveway (https://www.askmehelpdesk.com/showthread.php?t=729435)

  • Jan 21, 2013, 05:42 PM
    mlvan
    Law on Shared Driveway
    We share a driveway with three neighboring houses. The main driveway is a hill that leads to individual parking for each resident. We are the only ones who keep the hill (again everyone has to come up it) clean in the winter. We have one neighbor (our landlord) who buys salt for us. Is there anything I can do to make the other neighbors help (such as charging them for us cleaning or the bags of rock salt)? We are residents of New York state.
  • Jan 21, 2013, 05:46 PM
    ma0641
    Unfortunately no. You are the Good Samaritan. Don't plow the drive and see who yells.
  • Jan 21, 2013, 06:37 PM
    ScottGem
    You can send them each a bill for the fair cost of clearing the driveway. But if you rent, it's probably the owner's responsibility to clear the driveway.
  • Jan 21, 2013, 10:59 PM
    Fr_Chuck
    Have you walked over to their home or homes and just asked them about it ?
  • Jan 21, 2013, 11:31 PM
    joypulv
    I have never heard of a shared driveway that didn't have a written agreement. Of course you don't say if you all own or rent. So call a meeting and have a simple contract drawn up to share expenses from now on. Getting people to pay you is another problem, so collect in advance in the summer months! Those who don't pay can get a lien on their property. That also doesn't force them to pay. It's not going to be easy if someone refuses.
  • Jan 22, 2013, 04:03 AM
    ScottGem
    Based on what you posted, at least 2 of the three houses are owned by 1 person (your landlord). If all three are owned by him, then there would be no agreement except what might be in your lease. The owner of a private road (and this driveway would qualify as a private road) is responsible for clearing it, unless there are contracts that say otherwise.

    Even if the third neighbor owns their home, there should be an easement in the deed allowing use of the driveway. Which makes them responsible for a share of the upkeep.
  • Jan 22, 2013, 03:23 PM
    mlvan
    I am the only renter all others own their homes! This is why it burns me even more
  • Jan 22, 2013, 03:25 PM
    mlvan
    Quote:

    Originally Posted by ScottGem View Post
    Based on what you posted, at least 2 of the three houses are owned by 1 person (your landlord). If all three are owned by him, then there would be no agreement except what might be in your lease. The owner of a private road (and this driveway would qualify as a private road) is responsible for clearing it, unless there are contracts that say otherwise.

    Even if the third neighbor owns their home, there should be an easement in the deed allowing use of the driveway. Which makes them responsible for a share of the upkeep.

    Only 2 of the 4 houses are owned by my landlord, ours and the one she lives in. the other two houses are owned by the occupants that live there
  • Jan 22, 2013, 03:26 PM
    mlvan
    Quote:

    Originally Posted by Fr_Chuck View Post
    Have you walked over to their home or homes and just asked them about it ?

    Yes they have helped once in four years, it falls on death ears
  • Jan 22, 2013, 05:40 PM
    ScottGem
    Ok, 2 things come to mind. Does your lease say anything about the driveway? Can you try to get a copy of the easement. See of it lists responsibility for the driveway. I would also consider consulting an attorney to see if you have any legal grounds for a suit.

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