For last 20 years I own 3rd house on shared 24' x 300' access easement driveway. It starts off public road on a 24'x100' strip of land owned by 1st house then along edge of their property for 200' before reaching 2nd and 3rd properties. All homes were built in 90's so easement is very clear on use, size, and location but nothing on shared maintenance. For most part I do all snow removal for 200 feet as 2nd house refuse to help in any way. Pavement is in poor condition especially first 100' due to drainage issue from Town property it runs along. Driveway also runs along back of two other homes one of which is using our driveway to access back of property on a daily basis even after being asked to stop. Need help on best approach to minimize burden of maint & misuse without suing neighbors
Not likely, The municipality has no reason to accept the property. You can sue the other properties to share the expenses.
It may be possible to have the town accept it, but is unlikely. I may not meet the minimum width for a public road way, the minimum construction details or have the required turnaround at the end. Even if it does, the town would receive no benefit and incur the repair/maintenance costs. I would post no trespassing signs to deter the neighbors (and if warranted, contact the police). As to maintenance and repair, you are probably going to need to sue, or at least have a conversation with a lawyer about suing, and have a letter sent to neighbors by lawyer to get their attention. It may not eliminate the need to sue, but is a less costly way of getting them to the discussion.
What would be the basis for a lawsuit? There does not seem to be an obligation on the part of the other two property owners to pay for any maintenance or repair so there is no breach of any agreement.
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