Legal Question in Real Estate Law in Maine
snow removal over right-of-way
I have a right of way over my neighbor's property allowing me to drive into my garage. The legal language in the deed is very vague, stating merely that I have pedestrian and vehicular right of way and describes the part of the property where this applies. Who is responsible for maintenance of the driveway and for snow removal? Is there any precedence to follow? The legal complications of hiring a driveway contractor or a snow removal team for a piece of property that I don't own seems to suggest that it is the property owner's responsibility to assure my reasonable access over the land. I would like to know if there is any rule-of-thumb when it is not discussed in the deed.
1 Answer from Attorneys
Re: snow removal over right-of-way
The rule of thumb is that if the right of way serves just you, then you have the cost of maintaining it. It is not the landowner's responsibility to maintain your right of way. If the right of way is a shared driveway, then the costs are shared, and an agreement should be put in writing about the splitting of costs.
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