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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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We live in Southampton NY. We live here year-round and our

Customer Question

We live in Southampton NY. We live here year-round and our shared driveway neighbor is only here in the summer. The driveway entrance (which is technically on my property) winds around (into the neighbors property) then flag lots off in either direction to the respective homeowner.
The driveway is in need to repair which we have determined through several bids, cost $10000. We are wanting to proceed with this repair and have asked our neighbor to pay their half as well. We are not aware at the moment if there is an easement in our closing docs, an attorney is reviewing that this week for us.
How can we proceed legally to make sure they pay their half or what do you think are out rights in this situation?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

You really need the answer to your easement question answered first before you can get a useful answer to this question.

But in most cases you are going to have an easement, and assuming that is the case you can give notice to the neighboring owner (usually 90 days is sufficient), of the proposed improvement/repair and the cost, if they make no objection, have the repairs performed and send them an invoice for their 1/2. If they do not pay within a reasonable time, you can sue them for non-payment in small claims court (you are suing to enforce the terms of maintenance and repair of the easement).

But follow up with the attorney that is already doing the easement research for you, there may be specific language in the easement that you will want to be concerned with, and there may be more localized practices with regard to notice, etc. that you will want to follow. But the above is the general procedure.