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Subject:
Maintenance (snow removal) of driveway over easement
Category: Relationships and Society > Law Asked by: aleksengel-ga List Price: $20.00 |
Posted:
07 Aug 2006 14:12 PDT
Expires: 06 Sep 2006 14:12 PDT Question ID: 753562 |
The property behind mine has an easement over my property for road access. There are no documents describing this arrangement in detail other than reference to the town hall map on my deed. The main question is: who needs to pay for snow removal on this driveway? My neighbor claims that I have to keep the road "egress free" which she interprets as that I should pay for snow removal. I disagree. Another question that would be great to get some advice on: According to the local (and old) land surveyor, the original easement given was 16 feet wide, the previous owner of my house had a deed that said the easement was 20 feet wide, and the town records office's map says the easement is 25 feet wide. Unfortunately, the land surveyor does not have any documents that say 16 feet. The 25 feet apparently come from the fact that a "standard" easement (given no other specifications) in the state of Connecticut is 25 feet. The current driveway is probably about 12 foot wide but I would very much like to not have this expanded. |
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There is no answer at this time. |
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Subject:
Re: Maintenance (snow removal) of driveway over easement
From: neilzero-ga on 12 Aug 2006 08:14 PDT |
When you bought the property many years ago, you and/or the seller likely paid for a survay, title insurance, and a commission to a realtor and/or a lawyer. All of these are obligated to give you at least an opinion at no cost. The persons who represented the purchase by your neighbor are also obligated to give you free information. If you make occasional use of the easment driveway, it would be fair for you to pay a proportional cost for the snow removal. If you do not use the easement driveway, even in summer, my guess is you can reguard the snow as an act of God, and refuse to pay for it's removal. If your finances allow you to be charitable, I suggest you make any reasonable compromise to keep peace with your neighbor. Neil |
Subject:
Re: Maintenance (snow removal) of driveway over easement
From: aleksengel-ga on 14 Aug 2006 13:33 PDT |
Thanks for your comments. I do not use the driveway and don't find the need for charity particularly appealing given that the house behind mine is worth approximately 2x what mine is worth. What did you mean by "acts of God" as it relates to snow? I'm hoping for some reasonably clear answer to whether or not I have to pay for snow removal given no mention of it in any documents. |
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