Neighbor Problem -- Snowstorm related What would you do?

Parent Cafe
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<p>While I see dadx’s point about not raising red flags about the easement, I really believe cpn needs to consult her own attorney about that easement, and about the shared costs. The fact that cpn has not enforced the shared costs for so many years could possibly be an issue, better for cpn to have current legal advice about how to proceed in the future.</p>

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<p>^ I agree with you there. No reason for OP not to consult own attorney.</p>

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<p>Don’t disagree with the idea of double-checking to make sure its recorded properly. </p>

<p>But even if its not, there is a doctrine of adverse possession (not sure if that’s the right term) whereby, if I use your property for a long enough time, it creates a legal right to do so in the future. No court is going to allow a driveway to be denied to someone who’s used it and plowed it for years.</p>

<p>My advice continues to be to lay low and pray for a new neighbor.</p>

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<p>Maybe Mr. Cranky would like to pay for the road to be plowed…and find someone to HIS satisfaction to do so. He sounds like a jerk.</p>

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<p>One more thought on this. Just because cnp did not ask to be reimbursed for costs of plowing to date does not mean that this may not be able to be reimbursed. As a caveat, local real estate lawyer should be consulted re state law. However, the easement creates an obligation on the neighbor’s part. While we do not know what the court would say is reasonable, I would think plowing a somewhat rural drive in deep snow is reasonable to a court (even if neighbor wanted to forego it). Each state has a statute of limitations on lawsuits of each particular type. The charges within the relevant s/l could be a claim. Since this is a real estate easement, it is even possible that a lien could be filed against the property (and paid out of any sale) for unpaid charges. Consult your local RE attorney for local law impacts - these are just issues to be noted.</p>

<p>I always wondered how people with those gravel driveways plowed them. Now I know (It’s a problem.)</p>

<p>Sorry you are having this problem.</p>