vendredi 16 novembre 2018

Maintenance and Repair: Does Neighbor with Easement Have a Right to Plow Driveway

My question involves real estate located in the State of: NY

Hi, I have virtually the same issue as shown in this closed post: https://www.expertlaw.com/forums/sho...d.php?t=153809

My neighbor has a small square driveway which juts out about halfway up our longer driveway and they have the right to access theirs with an easement. We have absolutely no issues with this arrangement except that in winter they insist on letting their snow plow company drive up our driveway to get to theirs. They don't plow the far end, so the truck packs down all the snow making it much harder for me to remove with snow thrower. They drive on our lawn and often knock over holiday decorations which line the driveway. they also repeatedly drop the plow on our driveway, scaring the driveway and often scraping the ground. They come back in the spring to repair grass damage, but deny any damage they ever do to the driveway itself. We invested in a new driveway 6 years ago and do everything we can to keep it looking new. We've had experience with another driveway being damaged from heavy trucks, and we ask that they don't bring them on the driveway. They say they have legal right to do so, but I'm not convinced they have a right to hinder my ability to do my own driveway (packed snow and ice from plow), or bring heavy landscape trucks in summer when driveway is hot and malleable.

Just want to know my rights and would prefer to deescalate this without getting into a legal battle.

Thanks!


Maintenance and Repair: Does Neighbor with Easement Have a Right to Plow Driveway

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