Can I make someone pay their part to keep up a private driveway that they use every day?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I make someone pay their part to keep up a private driveway that they use every day?
I use a private drive along with 4 other families. We had gravel put on this drive and divided the cost 5 ways. All parties have paid except for one. Are there any laws that state they must assist with keeping road maintenance?
Asked on March 13, 2012 under Real Estate Law, North Carolina
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Assuming the private driveway that you are writing about is part of an easement shared by the five (5) families that you are writing about recorded in your county's recorder's office, under the laws of all states in this country the owner of the easement has the obligation to maintain the easement including the sharing of costs under the doctrine of "equity".
I suggest that you carefully read the presumed easement that you are writing about. There may be a provision within discussing common maintenance and repairs including their costs.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.