Q: Where can I find settled case law for maintenance responsibility for an easement or deeded right of way in NYS.
We live on a private road which is a deeded right of way for ingress and egress for all property owners. Since approximately 1975 there has been Road dues collection to pay for the upkeep on the road. In the late 1990’s the property owners by majority vote decided to raise the dues to $100.00 dollars per year and we have since paved the entire road which is approximately 7/10’s of a mile long. I have found one document in my abstract which states that the cottagers are responsible for maintenance of said private road. It is my understanding that absent of a written direction the maintenance responsibility lies with the dominant estate which is the property owners whom hold the deeded right of way. In 2017 we hired a snow plowing contractor and a number of the property owners refuse to pay additional funds for this maintenance service. Can we enforce payment through small claims or a property lien. We have no formal HOA or written agreement signed by property owners.
A: You can sue. Sounds like a small claims case against each owner.
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