Legal Question in Real Estate Law in Connecticut

Common Drive way

We own a home with a common driveway that 3 houses share. We are the owners of the common driveway. The deed for property grants easements to the other homes and states that all 3 homes shall equally share in repair & maintenance of the driveway. If they do not we can put a lien on their home. We would prefer to stay as neighborly as possible.

The driveway is 18 years old and has never been repaved. We have gotten 4 quotes and shared them with the other 2 home owners. The cost to each would be about $6000. One of them does not want to pay,they agreed, then said no.The driveway has become a hazard and we are concerned about liability. How should we proceed?


Asked on 5/08/08, 9:57 pm

1 Answer from Attorneys
John Heffernan Heffernan Legal Group, LLP

Re: Common Drive way

Document, document, document. Take pictures of the driveway, keep the quotes, send a certified letter (or better yet, have a marshal serve a letter)including the photos, quotes and deeds, to the recalcitrant neighbor and say you're sorry, but the repair is necessary and you'll have it done and lien their property, if necessary. I'm not sure what the deeds say, but it probably will be necessary for you to sue them and get a judgment in order to put a lien on the property. A judgment lien carries 10% interest per year, so you'll get your money back eventually. Tough to be un-neighborly, but otherwise you're a patsy.

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Answered on 5/09/08, 9:51 am


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