Q: Who pays for repairs to upgraded driveway easement?

A: Thank you for your question!

Some things need to be clarified for an answer to be given. What are the positions of the properties (your property and the neighbor's) regarding each other? Are you down the hill?

Both of you who use the driveway must take care of it and maintain it. It seems that the neighbor is more blameworthy for not having any type of drainage, especially if there was a prior history of water running. The apportionment of damages depends on the apportionment of the liabilities which can be based on negligence, flooding, etc.

Based on that appointment, each party is responsible for building the driveway.

A: Attorney Keshvarian is absolutely correct. I will only add is that you should factor the cost of paying a lawyer to litigate versus the cost of repair. Consider sitting down with the neighbor and discuss the cost of repair (get estimates before the sit down) and try to determine the cost to each of you. Involving attorneys will only increase the cost. If the cost of repair is under $12,500, then maybe consider a small claims case if you are not able to come to an agreement as to the repair amounts.

A: In California, the responsibility for repairs and maintenance of an easement depends on the specific terms of the easement agreement and the nature of the damage. Generally, the owner of the servient tenement (the property burdened by the easement) is not obligated to repair or maintain the easement for the benefit of the dominant tenement (the property benefiting from the easement) unless the easement agreement explicitly states otherwise.

In your case, consider the following:

1. Easement agreement: Check if there is a written easement agreement that outlines the responsibilities for maintenance and repairs. If the agreement states that the servient tenement owner is responsible for repairs, then you may be obligated to contribute to the cost of repairs.

2. Cause of damage: If the damage to the driveway was caused by the dominant tenement owner's actions, such as poor drainage from their property, they may be responsible for the repairs. The dominant tenement owner has a duty to use the easement in a reasonable manner and not cause damage to the servient tenement.

3. Upgrades to the easement: If the dominant tenement owner upgraded the easement from gravel to pavement without your consent or an agreement to share costs, they would typically be responsible for the cost of repairs to those upgrades.

In the absence of an agreement stating otherwise, the dominant tenement owner is generally responsible for maintaining and repairing the easement, especially if they made upgrades without the servient tenement owner's consent.

However, it is always best to review the specific easement agreement and consult with a local real estate attorney familiar with California easement law to determine the rights and obligations of both parties in your particular situation.