Can I make someone pay their part to keep up a private driveway that they use every day?

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Can I make someone pay their part to keep up a private driveway that they use every day?

I use a private drive along with 4 other families. We had gravel put on this drive and divided the cost 5 ways. All parties have paid except for one. Are there any laws that state they must assist with keeping road maintenance?

Asked on March 13, 2012 under Real Estate Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Assuming the private driveway that you are writing about is part of an easement shared by the five (5) families that you are writing about recorded in your county's recorder's office, under the laws of all states in this country the owner of the easement has the obligation to maintain the easement including the sharing of costs under the doctrine of "equity".

I suggest that you carefully read the presumed easement that you are writing about. There may be a provision within discussing common maintenance and repairs including their costs.

 


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