If I live on a common drive and 1 neighbo and I maintain a majority of the drive but we have a neighbor who is purposely damaging it, what can we do?

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If I live on a common drive and 1 neighbo and I maintain a majority of the drive but we have a neighbor who is purposely damaging it, what can we do?

This man watches everything we do when outside. He will stand and watch me mowing or stop in driveway and watch. He drives by real slow and looks into windows. He drives by slow looking right at you with his hand pointed at you like a gun. We spent 2 days shoveling gravel and repairing common as we do every summer. He is purposely doing burnouts and making it worse than when we started. When I put a new home on my property the county/state made me replace an aged culvert and gravel at my expense, including permit.

Asked on June 20, 2012 under Real Estate Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The first thing you need to look into is whether there is an easement with respect to the driveway you are writing about and if so, whose repsonsibility it is to make repairs and upkeep to the driveway. To find this out you need to get a copy of the presumed easement and carefully read it. Assuming there is an easement as to this driveway, then you will have your answer with respect to who has to maintain it.

Typically on a shared driveway, the owners of property who have the use of it pay their share of its maintenance and repair costs.

I suggest that you consult with a real estate attorney further about your question in that I sense you will need to go to your county recorder's office to pull documents to assist you in getting your question answered.


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