It would help if all the owners that share the rights to the driveway form an

association to help maintain, sweep out the drive every once in a while, repairs, maintenance, shovel the snow etc as well as mutually enforcing the access to all members. Peer pressure does work. Failing that it will be lawyers.

resident2

in General Discussion 4 years ago

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andriywww1990 | 4 years ago

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resident2, i think i have seen you write that you live over here by me, so shall i assume you have suffered the same common driveway issues?

here is what happens if you try to get people on board to do this and it reflects how society is in general: the people who are willing to work together for the common good will all be in favor of what you are proposing and will sign on board and the people who only think of themselves will not sign on board. it is that simple and the association will not have the legal power to force its will on those who do not agree to the formality.

the laws on these things create sort of “implied” agreements. keep in mind there are Easements in Common and plain Easements. the easement in common is worse than the easement and this is why: with the easement in common, which we have here, if someone does not maintain (fix pot hole, shovel snow, etc) and someone gets hurts EVERYONE is responsible as an equal (we will all be sued; that is the only way they can do it with this type of easement). With a plain easement over someone’s pro perty, if the owner of that property fails to maintain and someone gets hurt, only that owner will be held accountable.

the Easement in Common i describe above is BAD because the people who do not want to assume responsibility reason “why should i care if everyone else is on the hook anyway or if i can still get sued because of something wrong down the laneway”. (they come right out an say it).

we have been through this when trying to get work done here and we have two neighbors who consult attorneys on the easement.

Easements are generally filed in the courthouse along with the deeds for the properties. i have not looked one up myself so i am not sure if they are filed with a deed or just noted with it and filed someplace else. if you have one of these properties with a common drive, you may wish to get a copy of the easement. we got ours from a neighbor who went to the courthouse. if someone really wants to see one and asks, i will scan and post a copy.

jimcornell55 | 4 years ago

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Do you have an agreement?