My question involves real estate located in the State of: Pennsylvania
We share a driveway with our neighbors, it is on our property but they have an easement to use it. In the deeds for both houses, it states that cost of maintenance of the shared driveway is shared 50/50. There is also a bridge on the shared part of the driveway that needs to be repaired. We have hired engineers to design the repairs (they are essentially building a new bridge over the existing one) and we are currently in the process of receiving bids on the work. The engineer helped to facilitate the bid process. The neighbor has made it clear they do not have the ability to finance the cost. We have taken out a second mortgage on our house to help finance the cost of the project, and hired a lawyer to draw up a legal agreement dictating how the neighbor will repay us.
(1) My concern is that the neighbor has yet to sign anything with regards to the repair of the bridge. Are the terms of the easement enough to hold them liable for half the cost?
(2) Should they decide to fight repaying us, would we need to justify that (a) the work is necessary and (b) that the price we agreed to pay for the project is fair and competitive? If so, would an opinion from the engineer and the 5 bids that we are receiving on the project meet those requirements?
(3) Is there any other type of lawyer we should consult with just to make sure all bases are covered before beginning construction?
Thank you so much!
We share a driveway with our neighbors, it is on our property but they have an easement to use it. In the deeds for both houses, it states that cost of maintenance of the shared driveway is shared 50/50. There is also a bridge on the shared part of the driveway that needs to be repaired. We have hired engineers to design the repairs (they are essentially building a new bridge over the existing one) and we are currently in the process of receiving bids on the work. The engineer helped to facilitate the bid process. The neighbor has made it clear they do not have the ability to finance the cost. We have taken out a second mortgage on our house to help finance the cost of the project, and hired a lawyer to draw up a legal agreement dictating how the neighbor will repay us.
(1) My concern is that the neighbor has yet to sign anything with regards to the repair of the bridge. Are the terms of the easement enough to hold them liable for half the cost?
(2) Should they decide to fight repaying us, would we need to justify that (a) the work is necessary and (b) that the price we agreed to pay for the project is fair and competitive? If so, would an opinion from the engineer and the 5 bids that we are receiving on the project meet those requirements?
(3) Is there any other type of lawyer we should consult with just to make sure all bases are covered before beginning construction?
Thank you so much!
Maintenance and Repair: Upholding the Terms of an Easement
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