Shared Driveway

[OldSurveyor]

The signers of the agreement are all deceased. While there was no time limit for them to build the road, their demise has, I think, effectively set a limit. The heirs and assigns are all that remain.

I think that this is a legal concept that you are just not getting, despite our sincere attempts. A local attorney can help, and may be absolutely needed at some point.

I have tried to give the best advice to the Op very reasonably but despite 45 years as a licensed surveyor, having created and dealt with virtually every type of easement, I have to leave the thread to others.

Oldsurveyor out.

 

[welkin]

The agreement goes on to say "... thereafter for themselves, their heirs, distributees and assigns to share equally and pay each one-half of the cost of all future maintenance of said road..."

So, in my reading, only the original signers were responsible for the road construction. They, and their heirs, assigns, etc. are responsible for maintenance only.

I agree with OldSurveyor that you are not getting the legal doctrine that the easement is appurtenant to the land and not the people who signed the agreement.

The easement has nothing to do with who owns the land (yours or your neighbors). It goes with the land no matter who owns it.

 

[Red Kayak]

The signers of the agreement are all deceased. While there was no time limit for them to build the road, their demise has, I think, effectively set a limit. The heirs and assigns are all that remain.

Aren't you an assignee?

 

[Zigner]

I do see the OP's confusion in that the building of the driveway seems to be on the original owners' shoulders, whereas maintenance is the item specifically mentioned as continuing to be the responsibility of heirs, etc. It's not an unreasonable way to interpret it. The OP needs to speak to an attorney. I get where he's coming from, though. The ORIGINAL owners were assigned the task of building the road without mention of that requirement passing on to heirs, etc., while the heirs, assignees, etc., were left the task of maintenance.

The OP definitely needs to speak to an attorney.

 

[Papareis]

Yes, I'm an assignee/parcel owner. Zigner has summarized things nicely. My only other question was that, since the driveway that we both use is not within the easement, what (if any) rights does my neighbor have? That prompted my initial question about adverse possession.

BTW, thanks to you all for spending the time to read my posts and respond. However it all turns out, it has given me something to consider while I search for an attorney who is knowledgeable about easements.

 

[welkin]

That prompted my initial question about adverse possession.

There is no claim to adverse possession as I have already explained because the neighbor has had permission to us the driveway where it is all these years. But he still is entitled to use the easement as the agreement determines.