Right-of-Way Easement / Condition of Road

[CuckoosNest]

What is the name of your state (only U.S. law)? New York

Our home is at the end of a dirt road which services three other properties. The condition of the road has become very poor and two of our three neighbors are willing to split the cost to repair it (by leveling it and resurfacing it with crushed bluestone.)

The remaining neighbor owns the servient property next to ours. They like the road the way it is because they feel it has "more character and country feel." (Their exact words, not mine.)

Unfortunately, we have to cross their property to get to ours. The right-of-way is deeded; can we do repairs without their consent?

 

[latigo]

What is the name of your state (only U.S. law)? New York

Our home is at the end of a dirt road which services three other properties. The condition of the road has become very poor and two of our three neighbors are willing to split the cost to repair it (by leveling it and resurfacing it with crushed bluestone.)

The remaining neighbor owns the servient property next to ours. They like the road the way it is because they feel it has "more character and country feel." (Their exact words, not mine.)

Unfortunately, we have to cross their property to get to ours. The right-of-way is deeded; can we do repairs without their consent?

There seems to be ample, accepted authorities to the effect that in most circumstances easement users have rights to improve and repair their easements, including paving an unpaved road. Besides it makes practical sense. (And sometimes judges strangely view things in that light.)

I'm not able at this time to cite any specific New York authority to the same effect. But then I seriously doubt if the recalcitrant neighbor can find it to the contrary.

So, I would have you proceed with the improvements as planned. Should it displease the obstinate neighbor to the point of physically destroying the improvements, he would be subject to civil damages needed for costs of replacement.

He may or may not be responsible for improving the common right-of-way, but he certainly cannot legally impair its use. And once it is improved removing the improvements would amount to impairment.

 

[FarmerJ]

Have you checked with your city/ township/ county just for the heck of it to learn if they have created ordinances that regulate the maintenance of so called private roads due to things like emergency vehicles having to enter / access homes or say school buses ? It would not hurt to check things out that way if your easement is silent as to who maintains it. Also I imagine you may have to speak to a Attorney who specializes in real estate law if your easement is silent as to who maintains it. I imagine there likely are court decisions on the books that could guide you In this matter.

 

[CuckoosNest]

Thank you both very much! I'm going to contact the county on Monday to look into this. I really appreciate your feedback.

 

[Stephen1]

I suspect that the balking neighbor doesn't really object to someone repairing the road, just as long as he isn't financially responsible. Once he agrees to the repair then he may believe he has agreed to share the cost (which he doesn't want to pay). I don't know whether he would legally be responsible for a share of the cost.

It's a shame he isn't the owner at the end of the road. Then the other two of you could do repairs up to but not including his property.

 

[154NH773]

In general I agree with latigo.

I also live on a private road easement and I'm also at the end. I successfully sued two of the servient tenants for maintenance, and one unsuccessfully. It may depend highly on what the actual wording of the various easements are. The wording can vary for each deed, so I would do a title search on the obstinate one to see if there is something in his easement or in his deed that might compel him to contribute.

 

[EliJr]

Thank you all the posters here. This is very helpful!

 

[Silverplum]

Again, thank you all. This is very helpful... I really appreciate the input.

So you're also CuckoosNest?