shadetree5859
Junior Member
What is the name of your state (only U.S. law)?
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proportional cost of road maintenance on private driveway
- Thread starter shadetree5859
- Start date
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**A: yes there should be.
shadetree5859
Junior Member
proportional cost of road maintenance on private driveway.
I live in WV. I live on property that has around a 1000 ft driveway going past my driveway, through my property to 3 other houses. This is a gravel road. It is around 400 ft from the main road to my driveway. IN the past we have divided rock evenly for the road. We do not have a written agreement other than in my property deed it says each person would share a proportional share of right of way maintenance. There is a non-exclusive right of way to the three properties as this is the only way they have to get to their property is through me. On of the property owners who lives at the end of the road stated everyone divided the gravel equal. I do not feel this is my proportional share and feel I should only pay on the amount of road I drive. Three of us has tractors of some sort that we remove snow, one property owner at the end of the road does not. I would like some advice on what is the best way to divide up the share of rock we each pay for. I feel they are taking advantage of me by having me pay equal to them. My property borders the whole 1000 ft length of this easement going to their property
I live in WV. I live on property that has around a 1000 ft driveway going past my driveway, through my property to 3 other houses. This is a gravel road. It is around 400 ft from the main road to my driveway. IN the past we have divided rock evenly for the road. We do not have a written agreement other than in my property deed it says each person would share a proportional share of right of way maintenance. There is a non-exclusive right of way to the three properties as this is the only way they have to get to their property is through me. On of the property owners who lives at the end of the road stated everyone divided the gravel equal. I do not feel this is my proportional share and feel I should only pay on the amount of road I drive. Three of us has tractors of some sort that we remove snow, one property owner at the end of the road does not. I would like some advice on what is the best way to divide up the share of rock we each pay for. I feel they are taking advantage of me by having me pay equal to them. My property borders the whole 1000 ft length of this easement going to their property
justalayman
Senior Member
You can attempt to make any argument you wish. If it were me, I would argue that since you use only 4/10's of the easement, you should only be required to pay 1/10 of the total cost of maintenance since that is what you use, proportionately. (the 400 feet you use but that is used by all 4 households so you would only have to pay 1/4 of the costs to maintain that 400 feet which equals 1/10 of the total cost to maintain the entire roadway)
If they disagree, somebody will have to take it to court and let the judge make the determination. Using my numbers, you would be paying your fair share based on percentage of use.
If they disagree, somebody will have to take it to court and let the judge make the determination. Using my numbers, you would be paying your fair share based on percentage of use.
shadetree5859
Junior Member
Thanks for your advice, that is the way I see it too, I do not have a reason to drive on the road past my house even though it does go through my property. I can reach any part of my property without driving on the road. Like I said in my first inquiry we do share plowing of the road when it snows, kind of a situation where whoever is home plows snow. When I plow I plow the entire length of the road helping everyone. I do not stop at my driveway. I guess that is why it seems unfair about paying equal on rock. The one property owner who has lived there the longest is who thinks he can make the rules. I am the third owner of the house I live in. I will probably take your advice as that is how I feel also and just pay my share. If he has a complaint he can get a lawyer and then it would be settled.
thanks
thanks
justalayman
Senior Member
Heck, if he wants to be a jerk, I would consider not plowing beyond your need unless he pays you for your work.
There are many ways you can divide the costs, however the most proportional would be a Shapley Distribution. In your case, if you only have need for 400 feet, that works out to 1/10 of the total cost as stated above. The other shares would have to be worked out according to the feet of road necessary for each property to use.
Having said that, it could be argued that you could access the road anywhere on your property, so the 400 feet you say is all you use could be a point of argument for the others. They might say your share should include the distance to the end of your property.
I live on a road where all owners share equally, and I don't argue because I'm at the end of the road and would wind up paying more if it was actually divided proportionally as described. If we were to divide it as described (Shapley Distribution) I would probably argue that the road proportions should be measured to the farthest point on the persons property where they "could" access the road.
Having said that, it could be argued that you could access the road anywhere on your property, so the 400 feet you say is all you use could be a point of argument for the others. They might say your share should include the distance to the end of your property.
I live on a road where all owners share equally, and I don't argue because I'm at the end of the road and would wind up paying more if it was actually divided proportionally as described. If we were to divide it as described (Shapley Distribution) I would probably argue that the road proportions should be measured to the farthest point on the persons property where they "could" access the road.