Shared Road Easement Problems
My Neighbor and I equally share an 18 foot Road Easement to allow a 3rd land locked neighbor access to their home. WE all use this easement to get to and from our homes.
With-in this 18 foot easement is a paved road surface approx. 14 feet wide. I own 9 feet the easement South of the center line and my neighbor owns the 9 feet North of the center line. Where as the center line is the property line.
An easement agrement in 1953 states that "all parties that use the easement must share equally the expence for maintaince and repairs of the road lying over said rigt of way."
For the past 9 years I have beed provoding all the maintaince of the paved surface, such as sealcoating,
patching of holes, and all snow removal. All this maintaince
was done at my own expence. No paymens where ever asked of the neighbors who use the easement.
My neighbor, who owns the South half of the easement, an I, who owns the North half, are involved in a civil law suit about the easement.
He does not want me to remove the snow from his half of the easement. He said that is was his responsibility and his responsibility only!
After a snow fall, he does not clear all of the snow from his half of the easement he owns. He only clears the snow in front of his house. The snow remains in his half of the easement leading to my house. With only half the easement cleared of snow, it is difficult to get to and from my house safely.
I am worried about emergency vehicles getting to my home when only a portion of 4 to 7 foot of snow is removed from the 14 foot paved surface.
My question is do I have a right to remove the snow from his side the the easement to have a reasonable access to and from my home?