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There are three properties. Our driveway, property 1, has the easement , to allow the people to drive through to reach their property , property 2. The property 3, lives next door, they own/ rent property 2 to the people who uses our easement, property 1
If property 3, our next door neighbor, rents his house, property 2, should'nt property 3 be responsible for his renters?
property 1, us, keep the driveway clear 24,7, at all times, so if anyone drives through it is clear.
now with all this excess snow, should property 3 be responsible to help keep the driveway clean, since he rents out property 2? That should be his responsibility, to take care of his renter, he is bringing in profits.
property 3 expects, us to be alert at all times, to go out and plow this snow any time day or night, for his renter. there was a time, my husband 73 yrs old , was so upset, he got up 2 am just to clear the snowdrift, for property 2 renter.
it says on paper, both properties, property 1 and property 2 should be responsible to keep driveway clean.
The renter, property 2 approached us, said she got stuck in our driveway and we should take care of it. the renter, property 2, works all shifts, and drives through our driveway at various times, day and night, so this is just unfair.
property 3 is a difficult person to deal with, he keeps bring other issues into conversation, when trying to talk
things over. property 3 may have/may have not, told his renter that it is our responsibilty and just tell us.
I say NO, property 3 should be liable for his renters.
Can some one help me? It bothers me if my husband has a heart attack working with all this snow,
We pay a man to come and plow our driveway when needed, but the excess snow, this property 3 should be liable for something.
An access easement allows them to cross your property to get to their place. Unless there is another agreement in place, it is generally their responsibility to maintain that access since they are the only ones receiving the benefit. Who actually maintains it should be between your neighbor and the renter.
Instead of worrying about a potential medical emergency, a simple consultation with a local real estate lawyer should put your mind at ease, while providing a justification for your position to the neighbor. You should still maintain the portion of the driveway which you use.
I think your responsibility is limited to not restricting their reasonable access to their property.
As far as acts of God (snow) I doubt it is your problem. Best advice is as above, get a consult with a lawyer. Most will give you 15 minutes of advice for free.
In God we trust. All others, please shovel your own driveway.
You need to pull the easement and any road maintenance agreements. You could be needlessly paying and exerting yourselves. Get your docs and see where you really are on this.
Thanks, our papers say both responsible keep driveway clear, which we do, but nothing if property 2 should it be rented, should renters be responsible, or property 3, the landlord of property 2, should be responsible for his renters.
We, property 1 , keep driveway clear at all times.
Downright courtesy , people using , our drivevay (propty 1) easement, should help, be decent, (propty 2 renters, landlord, propty 3) .
thanks for advice
If they use the driveway, they should help clear the driveway (including the renters, though the onus falls on the owners on the property). It's just simple, courteous neighborly thing to do.
Some people can be so inconsiderate nowadays.
I think if you're going to be paying for someone to shovel, you should be able to split the cost with #2 if that was in the agreement (and that means billing the owner of #3 if he is the owner of #2), assuming you all come to an agreement on the shoveling services.
In any case, I agree with another poster. you need to pull the easement and any road maintenance agreements and/or work with a lawyer if they are balking at that. Pay an outside vendor to do the work and split the costs, and see if #3 changes his tune and jump in to do shoveling if he actually has to shell out the $.
Your agreement would be with the owners of the house, not every tenant that comes around.
The tenant's agreement is with the owners of their home. They don't answer to you. You don't answer to them. You send them to their landlord and don't bother talking with them. You just deal with the owners of the property that has the easement.
If it were me I'd be tempted to play a little and next time there's a little snow say something like a very casual, nah, we sold the shovel. We've been doing your job for # years. It's your turn now. And go inside.
Define the word 'clear' in your document. Frequently when dealing with real estate and building matters, 'clear' means clear of constructed things such as fences and shrubs and such. Snow is not included in the definition of 'clear' and isn't your problem.
If it's a driveway easement, then they are allowed to drive across that area to reach their property. You aren't allowed to build a shed there or place an impediment across it. More than likely, you just have to allow them access, not pave it or clear snow on it for them.
Usually, access easements come with a joint maintenance agreement for driveway repairs. You might want to clear up the language in the agreement to address snow specifically. Clearing a driveway of snow, leaves, lawn clippings, etc should be the responsibility of property owner #2 which in this case is property owner #3.
Usually, access easements come with a joint maintenance agreement for driveway repairs. You might want to clear up the language in the agreement to address snow specifically. Clearing a driveway of snow, leaves, lawn clippings, etc should be the responsibility of property owner #2 which in this case is property owner #3.
I'm with Silverfall. It is the owner of #2.
The only place it would get tricky would be if you both use the same portion of the easement or mostly so. Then it needs to be split between you and the owner of #2. Who actually pays is between the LL and the tenant.
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