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Easement, driveway , beginning point from highway, (west to east ) turn on driveway, drive past property 1, keep driving on easement (driveway), drive by back yard of property 1, then enter property 2, the driveway is about 230 - 235 ft long.
Easement says keep free, clear, meaning not to block with anything so the easement will be open and free to use, easement says, "ingress and egress purposes". To me that would mean the right to use someone's property for a specific purpose, like use of a driveway to reach one's property.
Example, for years, the previous owner of property 2 , always had the complete driveway plowed out, we took care of any excess,corners, snow drifts, etc, and the area by our garage, he would never accept anything when offered to go 50/50 of the charge of that plow he would get done, on the whole driveway. He would say he used the easement on the driveway.
Now things are different, we try to work 50/50 , with landlord, but this last snow fall, snow drifts, 73 yr old shoveling in middle of night to please, is taking on stress, just watching. The tenant is in and out , various times, morning , noon & night, suppose for work schedule, and such.
When that tenant, property 2 said she got stuck in "our driveway" (property 1,) that told me enough, like possibility that landlord (property 3) told the tenant, just tell them, (property 1) get "their" driveway "cleaned" out. Like why she did not go directly to her landlord, to get his shovel out to clean her the snowdrifts. Landlord should be responsible.
Thank you for the thoughts and advice. grateful.
I strongly suggest you tell the tenant you will no longer plow the driveway except where and when you wish. Put it in writing by certified mail. Than plow only when you have a need for your own purposes. You might also point out to the tenant that it is the Landlords problem not yours.
I would tell the tenant in advance so a not to screw her up during a storm or such.
This simply needs to be brought to a head. And that is the simplest way to do so.
Easement, driveway , beginning point from highway, (west to east ) turn on driveway, drive past property 1, keep driving on easement (driveway), drive by back yard of property 1, then enter property 2, the driveway is about 230 - 235 ft long.
Easement says keep free, clear, meaning not to block with anything so the easement will be open and free to use, easement says, "ingress and egress purposes". To me that would mean the right to use someone's property for a specific purpose, like use of a driveway to reach one's property.
Example, for years, the previous owner of property 2 , always had the complete driveway plowed out, we took care of any excess,corners, snow drifts, etc, and the area by our garage, he would never accept anything when offered to go 50/50 of the charge of that plow he would get done, on the whole driveway. He would say he used the easement on the driveway.
Now things are different, we try to work 50/50 , with landlord, but this last snow fall, snow drifts, 73 yr old shoveling in middle of night to please, is taking on stress, just watching. The tenant is in and out , various times, morning , noon & night, suppose for work schedule, and such.
When that tenant, property 2 said she got stuck in "our driveway" (property 1,) that told me enough, like possibility that landlord (property 3) told the tenant, just tell them, (property 1) get "their" driveway "cleaned" out. Like why she did not go directly to her landlord, to get his shovel out to clean her the snowdrifts. Landlord should be responsible.
Thank you for the thoughts and advice. grateful.
You said she got stuck in "your driveway" did you mean the portion near your home?? That does make a difference....
Otherwise.....When she confronted you about getting stuck in her portion of the driveway, you should have immediately told her to speak to her landlord, who is responsible for her portion. I would not even have entertained her discussion.....You are not her LL. And, as long as your driveway is passable you are doing your part....Let the LL try to take you to court....you can show your bills, and the fact that LL refuses to do his part.
I am like the others, I would only be cleaning my part of the easement up to her entrance.....As a renter, we assumed we cleaned our own driveway....most rental agreements are the same. And, if the renter isn't doing that, it should be between herself and the LL.....Not you.
If the tenant is having problems with using the easement then IMO tenant should contact landlord. It is up to landlord to contact the homeowner of the property with the easement, if warranted. It is not up to a homeowner to handle a tenant's easement problems for somebody else's property.
Not sure if the past replies understand, our driveway has easement to allow property 2 to drive through, the doc say both responsible , ( propty1 & 2) to keep clear, which is always clear. Snow in the winter, is the issue, we pay a man to plow out the snow, propty 3, landlord plows out propty 2 , tenant.
In other words property 3 fails to realize this is an easement, he should help keep this driveway clear, the whole stretch, he manages to use his plow, tire tracks on driveway, head back to property 2 and plows. We pay some one to plow driveway, to clear out. Landlord actually expects property 1 to maintain the driveway (easement for property 2 & 3 ) at all times and have snow clear for their benefit, landlord does not check for the excess. That is why proprty 2 said she got stuck on our driveway, it is an easement, landlord should help.
Then there is excess, snow drifts, and such, on the easement, or at start of driveway, turning in from the highway. Easement allows the tenant to pass through, since there is overflow unexpected, during odd hours of night, I feel the landlord should be responsible for taking care of this, since this is his tenant, and proprty 1 should not have to be awake at all times, since tenant leaves various night and day times. This should be the landlords responsibility to take care of his tenant.
I think the real problem is that most forum members don't understand the layout of the driveway & easement. (plot plan) At this point I'm stuck with my imagination and it isn't working. A picture or drawing would be helpful.
east----------------------------------------------------------------------------------driveway with eastment west
_prty2____________________________________________ ___pty1_________________start pt from highway,
there are some bushes tree and fence between property 1 and propty 3
I feel tenant in proprty 2 represents owner, LL , since LL does not live there.
Keep in mind, even though proprty 1 owns the driveway, there is an easement to allow proprty 2 to enter and leave carefree. This does not mean that proprty 1 should be the soul person responsible to maintain it all alone, nor does it mean proprty 2 & 3 be the soul person, it means all should keep clear. thank you for all advice
Last edited by bicusalionel; 01-02-2017 at 03:51 PM..
Not sure if the past replies understand, our driveway has easement to allow property 2 to drive through, the doc say both responsible , ( propty1 & 2) to keep clear, which is always clear. Snow in the winter, is the issue, we pay a man to plow out the snow, propty 3, landlord plows out propty 2 , tenant.
In other words property 3 fails to realize this is an easement, he should help keep this driveway clear, the whole stretch, he manages to use his plow, tire tracks on driveway, head back to property 2 and plows. We pay some one to plow driveway, to clear out. Landlord actually expects property 1 to maintain the driveway (easement for property 2 & 3 ) at all times and have snow clear for their benefit, landlord does not check for the excess. That is why proprty 2 said she got stuck on our driveway, it is an easement, landlord should help.
Then there is excess, snow drifts, and such, on the easement, or at start of driveway, turning in from the highway. Easement allows the tenant to pass through, since there is overflow unexpected, during odd hours of night, I feel the landlord should be responsible for taking care of this, since this is his tenant, and proprty 1 should not have to be awake at all times, since tenant leaves various night and day times. This should be the landlords responsibility to take care of his tenant.
So are you saying that you think removing snow isn't part of "keeping clear"?
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