My question involves an easement in the state of: CT
There is a covenant and easement that runs with the land of three properties. It covers the sharing of the costs of maintaining the easement for the Town triangle property in front of house A (1/3 each) and for the Right of Way in my property B and 60/40 between B and house C. My question is about the definition of maintenance. It is clear about things like repaving. However, my house B is not occupied for all winter months (and has not been occupied in the winter for 7-8 years) and the owner of house C is seeking to pass part or all the expense of plowing to me as the owner (after 7 -8 years of paying for it himself). I argue that his sole use of the drive during that time, and past performance, should dictate his assumption and need of the plow expense, not mine. Where is the responsibility and liability?
There is a covenant and easement that runs with the land of three properties. It covers the sharing of the costs of maintaining the easement for the Town triangle property in front of house A (1/3 each) and for the Right of Way in my property B and 60/40 between B and house C. My question is about the definition of maintenance. It is clear about things like repaving. However, my house B is not occupied for all winter months (and has not been occupied in the winter for 7-8 years) and the owner of house C is seeking to pass part or all the expense of plowing to me as the owner (after 7 -8 years of paying for it himself). I argue that his sole use of the drive during that time, and past performance, should dictate his assumption and need of the plow expense, not mine. Where is the responsibility and liability?
Maintenance and Repair: Definition of Maintenance on Right of Way and Easements
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