The Mercury News

Splitting repair cost with neighbor for shared driveway

- Leonard Schwarz Jeanne Fleming Jeanne Fleming and Leonard Schwarz are Palo Alto-based columnists and authors. Email your questions about money and relationsh­ips to Questions@ MoneyManne­rs.net.

QWe share a driveway with our nextdoor neighbor, a portion of which sits on each property. The titles to our homes include an easement that gives both families use of the driveway. Without this arrangemen­t, neither family would be able to drive to their garage, because the space between the two homes is too narrow.

Now, though, the driveway needs repaving, and the easement says nothing about maintenanc­e. So how should we split the cost of the work? About two-thirds of the driveway is on our property, and one-third is on our neighbor’s. But they go in and out on it as least as frequently as we do.

ASince your neighbors are responsibl­e for half of the wear and tear on the driveway, they ought to offer to pay for half of the maintenanc­e. But bottom line — they are not obligated to pay for repaving the portion that’s on your property. So if they’re willing to pay only one-third of the bill, they’re not being unreasonab­le.

That said, if your neighbors expect and allow you to pay two-thirds of the bill, they also should expect, and allow, you to decide whom to hire and how much to spend on the project. They can’t choose to pay for less than half of the work, then expect to be deferred to on cost.

P.S. Be sure to also ask your question at City Hall. They may have rules that trump ours.

QI grew up working in my father’s market, and took it over when he retired three years ago. Then six months ago Mom died, and Dad decided to come back to work. It hasn’t worked out. While Dad assures me (and himself) that I’m in charge, he can’t stop behaving like the boss. Without consulting or even notifying me, he changes orders, raises and lowers prices and allows employees to change their work schedules.

The result has been chaos: Our employees don’t know whom to listen to, and our suppliers don’t know whom to talk to. I tried speaking to Dad about this, but his response was that he’s “just trying to help.” What can I do?

ABuy him out. OK, we’re kidding, but to a point. Unless you paid your father for the store and we assume you’d have told us if you did — it’s his store as much as yours, and he’s entitled to be there if that’s what he wants. Not that we aren’t sympatheti­c to your problems. We are. But if your father won’t listen when you explain them, you need to find a consultant who can help the two of you establish a mutually agreeable division of responsibi­lity and authority.

There are folks who do this, and some of them specialize in helping small family businesses that are experienci­ng exactly the types of problems you’ve described. Families have been struggling with succession since “King Lear.” It’s time for you to consult with a profession­al who knows how to guide your family to a happier ending.

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