Am I leaving myself open legally with this construction arrangement?
April 24, 2017 2:24 PM Subscribe
Neighbor and I share a common driveway. It is shaped like a Y, the common driveway, and then each leg of Y leads to each house. We need to redo all of it. I simply don't have the money right now. Neighbor is flush with cash and says that if I could cover *my* portion in front of my house, he'll pay for the rest of the driveway.
Should I do anything legally to protect myself? You are not my lawyer. Just so you have an idea about numbers, if I could afford it, the full cost for half the project would be about 22K; my neighbor is offering to bring my cost down to 12K, a number that I suppose I can take on.
Should I do anything legally to protect myself? You are not my lawyer. Just so you have an idea about numbers, if I could afford it, the full cost for half the project would be about 22K; my neighbor is offering to bring my cost down to 12K, a number that I suppose I can take on.
Any access concerns are dealt with in the recorded plot map. He can't refuse you access, or something like that, if that's what you're thinking you need protection against. Maybe say a bit more about what are your concerns.
posted by humboldt32 at 2:31 PM on April 24, 2017 [1 favorite]
posted by humboldt32 at 2:31 PM on April 24, 2017 [1 favorite]
Response by poster: Sorry, lacked clarity in interest of brevity.
I don't want to be able for him to come back later and say I owe him 10K. I'd be getting a huge deal if he pays what he's wiling to pay for the total project. Nevertheless, if his financial picture changed in the future, I don't want to be on the hook. With that said, I feel it would look unsavory if I asked him to sign something that said he would never ask to recoup the $$.
posted by teg4rvn at 2:38 PM on April 24, 2017 [1 favorite]
I don't want to be able for him to come back later and say I owe him 10K. I'd be getting a huge deal if he pays what he's wiling to pay for the total project. Nevertheless, if his financial picture changed in the future, I don't want to be on the hook. With that said, I feel it would look unsavory if I asked him to sign something that said he would never ask to recoup the $$.
posted by teg4rvn at 2:38 PM on April 24, 2017 [1 favorite]
Should I do anything legally to protect myself?
You should probably ask this question of an attorney who is familiar with property laws in your state and/or local jurisdiction.
posted by John Borrowman at 2:46 PM on April 24, 2017 [3 favorites]
You should probably ask this question of an attorney who is familiar with property laws in your state and/or local jurisdiction.
posted by John Borrowman at 2:46 PM on April 24, 2017 [3 favorites]
It wouldn't necessarily keep him from coming back at you for more money, but a good place to start might be a co-signed letter (not a contract) stating that you both agree and acknowledge the total and split costs of the project. If I am reading this right you would sign something saying you both agree that the total costs are about 44k which you will split as 12k you/ 32k him.
If you wanted to frame it as being less about his ability to come back at you for the disproportionately shared costs, you could instead focus on the (very much non-zero) possibility that the job will end up costing more than 44k. Could you afford costs in excess of the 12k you are agreeing to kick in? would he pick up the full cost of change orders/unforeseen conditions? say you end up with 1000 in "extra" costs - does he expect you to split it 50/50, proportional to the existing costs, or will he pay for everything?
posted by Exceptional_Hubris at 2:51 PM on April 24, 2017 [8 favorites]
If you wanted to frame it as being less about his ability to come back at you for the disproportionately shared costs, you could instead focus on the (very much non-zero) possibility that the job will end up costing more than 44k. Could you afford costs in excess of the 12k you are agreeing to kick in? would he pick up the full cost of change orders/unforeseen conditions? say you end up with 1000 in "extra" costs - does he expect you to split it 50/50, proportional to the existing costs, or will he pay for everything?
posted by Exceptional_Hubris at 2:51 PM on April 24, 2017 [8 favorites]
I feel it would look unsavory if I asked him to sign something that said he would never ask to recoup the $$.
Not unsavory at all. How so? You're doing him a favor too. As things now stand, both of you have a worn-out driveway. Without your cooperation, the driveway would never be fixed. So he's offering you a discount in return for you paying for part of the project, which you couldn't do without the discount.
Putting it another way, there's nothing unsavory about being businesslike about ... business. Do a writing as outlined by Hubris, with the help of a lawyer.
posted by JimN2TAW at 3:07 PM on April 24, 2017 [1 favorite]
Not unsavory at all. How so? You're doing him a favor too. As things now stand, both of you have a worn-out driveway. Without your cooperation, the driveway would never be fixed. So he's offering you a discount in return for you paying for part of the project, which you couldn't do without the discount.
Putting it another way, there's nothing unsavory about being businesslike about ... business. Do a writing as outlined by Hubris, with the help of a lawyer.
posted by JimN2TAW at 3:07 PM on April 24, 2017 [1 favorite]
When you say "we need to redo all of it" what does that mean exactly? Is it merely a cosmetic issue or are there liability hazards on either side?
If it's just cosmetic, technically "you" don't need to do anything. If he wants to redo it it and he has the money, let him. I don't think that he can financially constrain you to pay him back anything if this isn't a liability/hazard to you both (ex: huge potholes that someone could trip on) and if there isn't a signed contract with you. You should run the situation by an attorney on though. If you don't have the money, you don't have the money; he'll either proceed without you and hope you'll pay him back or leave the situation alone.
My last house had a very old fence that was falling down on both sides due to weather-related stressors and both of the neighbors' dogs. Neither of them would agree to to pay half to have the fences repaired or replaced, so I paid for the cheapest possible repair solution myself and sold the house as soon possible. Those neighbors were not great to live next to for a variety of reasons, so I was glad to get out of there while I still could make a profit. I never considered going after them for their half because even though I felt I could have won in small claims court due to the liability issues of having a fence in such a state of deterioration and them owning dangerous dogs, I didn't want to deal with them any longer.
Your neighbor might feel it's worth it for him to have the driveway done without you. You could then pay him back as your finances allow, but I wouldn't sign anything unless, like I said it's a liability issue (from a homeowner's insurance perspective).
posted by LuckySeven~ at 3:26 PM on April 24, 2017 [1 favorite]
If it's just cosmetic, technically "you" don't need to do anything. If he wants to redo it it and he has the money, let him. I don't think that he can financially constrain you to pay him back anything if this isn't a liability/hazard to you both (ex: huge potholes that someone could trip on) and if there isn't a signed contract with you. You should run the situation by an attorney on though. If you don't have the money, you don't have the money; he'll either proceed without you and hope you'll pay him back or leave the situation alone.
My last house had a very old fence that was falling down on both sides due to weather-related stressors and both of the neighbors' dogs. Neither of them would agree to to pay half to have the fences repaired or replaced, so I paid for the cheapest possible repair solution myself and sold the house as soon possible. Those neighbors were not great to live next to for a variety of reasons, so I was glad to get out of there while I still could make a profit. I never considered going after them for their half because even though I felt I could have won in small claims court due to the liability issues of having a fence in such a state of deterioration and them owning dangerous dogs, I didn't want to deal with them any longer.
Your neighbor might feel it's worth it for him to have the driveway done without you. You could then pay him back as your finances allow, but I wouldn't sign anything unless, like I said it's a liability issue (from a homeowner's insurance perspective).
posted by LuckySeven~ at 3:26 PM on April 24, 2017 [1 favorite]
My concern would be insurance (what if it fails and your in-laws car falls into a giant sinkhole?) and 'ownership' once he's paid for it. I would talk to an attorney and just see how you can do cover this diplomatically--it might be a matter of an email to the neighbor saying 'Hi! This is just to confirm our agreement for my records so I don't forget the entire thing in two years: blah X, cost Y and I just wanted to say thank you for bearing the brunt of this' or whatever lawyer-approved yet folksy/friendly language you can use. The couple hundred for the attorney is much less than the cost of the driveway, or the uncertainty.
posted by A Terrible Llama at 4:11 PM on April 24, 2017
posted by A Terrible Llama at 4:11 PM on April 24, 2017
The offer presented by your neighbor may not be your only option. Can you each pay for half of the shared, then he pays for his leg and you simply deal with your leg in any way you see fit? That seems fair, and removes the possibility of him coming after you after the fact.
Also, where are the estimates coming from? Did you get your own or are you being pushed into what your neighbor wants?
posted by sageleaf at 5:00 PM on April 24, 2017 [3 favorites]
Also, where are the estimates coming from? Did you get your own or are you being pushed into what your neighbor wants?
posted by sageleaf at 5:00 PM on April 24, 2017 [3 favorites]
You need something in writing. I would also, if you don't have the money, not have your section of the driveway done either.
posted by flimflam at 6:25 PM on April 24, 2017
posted by flimflam at 6:25 PM on April 24, 2017
Flag if this is a derail, but $44,000 for a driveway seems extraordinarily high.
From Angie's List:
Asphalt
Contractors consider asphalt one of the cheapest options. Paving an asphalt driveway ranges from $2,300 to $10,300, according to costhelper.com, and Angie’s List members nationally reported an average price of $5,308 to pave an asphalt driveway.
Concrete
Concrete driveways cost more, starting around $3,500, according to costhelper.com. Angie’s List members nationally reported an average price of $7,394 to pave a concrete driveway.
Clay brick and concrete pavers
Concrete paver driveways sometimes cost up to $14,500, while clay brick driveways can reach $28,000, according to costhelper.com.
posted by yes I said yes I will Yes at 2:28 AM on April 25, 2017 [7 favorites]
From Angie's List:
Asphalt
Contractors consider asphalt one of the cheapest options. Paving an asphalt driveway ranges from $2,300 to $10,300, according to costhelper.com, and Angie’s List members nationally reported an average price of $5,308 to pave an asphalt driveway.
Concrete
Concrete driveways cost more, starting around $3,500, according to costhelper.com. Angie’s List members nationally reported an average price of $7,394 to pave a concrete driveway.
Clay brick and concrete pavers
Concrete paver driveways sometimes cost up to $14,500, while clay brick driveways can reach $28,000, according to costhelper.com.
posted by yes I said yes I will Yes at 2:28 AM on April 25, 2017 [7 favorites]
Depends entirely on the length of the driveway.
posted by humboldt32 at 1:40 AM on April 26, 2017 [2 favorites]
posted by humboldt32 at 1:40 AM on April 26, 2017 [2 favorites]
Response by poster: re cost: Common part of driveway is 240 feet long and 18 feet wide. That part alone is coming in (with different estimates) at about 17K.
Total area for all of it (including our separate legs of the "Y") is 870 sq. yds.
Oh, and it's pavers.
posted by teg4rvn at 1:28 PM on April 26, 2017
Total area for all of it (including our separate legs of the "Y") is 870 sq. yds.
Oh, and it's pavers.
posted by teg4rvn at 1:28 PM on April 26, 2017
This thread is closed to new comments.
posted by saeculorum at 2:29 PM on April 24, 2017 [2 favorites]