Standard agreement that construction access includes fixing damages

February 24, 2019 11:17 PM

A neighbor would like construction access through our driveway (which is itself an easement shared with a different neighbor). Our driveway is narrow enough that previous construction vehicles have caused serious damage to each adjoining house. Is there an legal agreement specific to this, that would make any damages the first neighbors' responsibility to fix promptly?
posted by clew to Law & Government (5 answers total)

You could just give him a standard Right-of-Entry for construction. They're pretty commonplace. You can probably google some simple language. My office acquires (and occasionally grants) ROEs by the hundreds every year. Although, actually, if someone else owns the underlying fee, they might have to issue the ROE, and you would grant a Consent to use your easement temporarily. Hmmm. IAAL, B IANYL. Maybe you should call a lawyer.
posted by ereshkigal45 at 11:36 PM on February 24, 2019 [1 favorite]

Take a ton of pictures so if there is damage, it can be documented.
posted by theora55 at 8:33 AM on February 25, 2019

1/ Just say no. Why would you choose to allow your neighbor to use your driveway for their own construction project, which benefits you not a whit, when you believe it will likely cause damage to your house?

2/ I assume ereshkigal45's standard agreement will "make any damages the first neighbors' responsibility to fix promptly" as promised, but that's hardly what you need. When the damage occurs, and their idea of "prompt repair" differs in any way from yours, which is almost inevitable, you'll have to sue them to enforce the contract. Again, just say no.

3/ At the very least, your neighbor and all contractors must provide certificates of insurance naming you as an additional insured. And you need to confirm that the certificates are valid.

4/ Because the construction will likely damage the driveway and interfere with the "different neighbor's" easement, they should also be named as additional insured, and their permission should also be obtained for the "first neighbor" to use the driveway.

And, they should pay you well for all this hassle.
posted by JimN2TAW at 10:26 AM on February 25, 2019 [2 favorites]

Seconding that you don't want to make damages your neighbors problem, you want an insurance policy that you have control over that will make you whole if/when damages occur.
posted by Candleman at 11:10 AM on February 25, 2019 [2 favorites]

No, just NO.

This seems to be opening a legal Pandora's box. Driveway serves two neighbours (you and one other) who expect unrestricted access, two other neighbours have had damage before, and yet another neighbour wants to bring contruction traffic through!?!

This is not your issue. It belongs to the one who wants the construction done. Let them do the legwork, the legal work, prove the insurances, deal with the problems. I would 'return to sender', tell them to come back when they have it all sorted, and the other neighbours on board.
posted by GeeEmm at 2:37 PM on February 25, 2019 [2 favorites]