sanmigmike said:
The pity is seeing his section of the road going from poor to horrible when mine has stayed good to great with little real effort or expense on my part.
You might not like what I have to say, but in all fairness, this is how it seems to me.
Your neighbor "A" uses his section of the road but does not use your section "B" or your other neighbor's section "C".
You use your section "B" and your neighbor's "A" section but not the "C" section.
Your other neighbor uses his "C" section of the road plus your "B" section and the "A" section.
Since your neighbor "C" is the only one who uses his section of road, it should stay in good repair and he is the only one who should pay any upkeep on it.
Since you and your neighbor "C" are the only ones using your section "B" of the road, then the 2 of you should be responsible for maintaining it.
Since all 3 of you use section "A" of the road, all 3 of you should be responsible for maintaining that section, not just neighbor "A".
Remember, neighbor "A" is the one who has to put up with all the inconvienience of having the other 2 neighbors drive up and down the drive past his home all the time and he never drives by yours.
Neighbor "C" should pay for maintaining all of section "C" of the road, 1/2 of section "B" and 1/3 of section "A", equaling 11/18 of the total cost.
Neighbor "B" should pay for maintaining 1/2 of section "B" and 1/3 of section "A", equaling 5/18 of the total cost.
Neighbor "A" should pay for maintaing 1/3 of section "A" equaling 2 /18 of the total cost.
Regardless of the terms of an ill-conceived and poorly written agreement, this is the FAIR way to divide the costs of maintaining the drive. Each neighbor paying for his pro-rata use of the drive. I don't blame neighbor "A" for being reluctant to pay for maintaining 2/3 of the drive that he never uses nor more than 1/3 of the part of the drive that all 3 of you use.
I speak from experience when I say this because I have a similar situation where I own house "A" and "C" and another neighbor owns house "B". This is a sad situation created by poor future planning when family attempts to divide family land for family usage and not expecting family members to sell to outsiders in the future. You can save your grandchildren a lot of misery if you divide your land properly, creating public roads which will be maintained by the county, with no easements to encroach on future generations. Easements and private roads ALWAYS wind up causing friction between neighbors as some always feel that they are paying more than their fair share, being inconvienienced more, and not agreeing with the others on how to maintain the road.
The neighbor growing grapes on your property is a completely different situation that has to be handled differently, and should have no bearing on this driveway situation.