What options do homeowners have to coerce neighboring rentersto assist in repairs to a 50/50 shared gravel-and-mud driveway?

We have a shared driveway 50-50 split between ours and the adjoining property. The other property is a rental and the current renters are damaging the mud-and-gravel drive and will not assist with repairs. The rental agent claims the owners are “missing” and refuses to assist or have his renters help. None of the parties involved have much money so repairs would be limited to “found materials” gravel and dirt and labor. What options do we have to coerce either the renters or rental agent to provide assistance or provide funds for more permanent repairs asphalt or concrete?

Asked on December 4, 2011 under Real Estate Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you need repairs for a shared common driveway, the best way to start getting the repairs started is to have a meeting with the adjoining renter neighbors to ask for their help in making the repairs to the roadway. They are renters and have no duty to make the repairs, but perhaps they might.

As to the owners of the property tho are supposedly missing according to their rental agent, you need to sit down and have a face to face meeting with the agent of the property owner about the need for roadway repairs and the need to be given the telephone number of the owners of the property next door. Most likely the rental agent has some authority to help pay for some materials to get the roadway fixed.

If the rental agent is not helpful, your option is to make the repairs yourself and bring a small claims court action against the next door property owners for one half of the materials for the roadway.


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