Being Sued For Road Maintenance On An Easement Through My Property
My Michigan property has a 400’ two-track lane on its North boundry. The farm field to the North has an easement on this lane. A few years ago, a young man built a house on that farm field. He uses less than 100 feet of the lane for his driveway (although he has deeded easement for the other 300’.)
I use the lane infrequently, mostly in the fall during hunting season. The young man, however, uses the first 100 feet everyday between 2 and 30 times. He has huge tractors and farming equipment at his house for use in a field at another property. All this traffic has that first 100’ all torn up. He told me it was my responsibility to fix the ruts that he causes. The other 300’ of lane looks pristine.
I received a summons via certified mail. I didn’t cause the damage. There is nothing written in the property’s history that says I am responsible for upkeep. The lane was just fine before he built a house. If he didn’t over-use it like he does, it would be just fine. He originally asked for $250/year, but I told him no. Now he wants me to pay for all his repairs.
Does the guy have a leg to stand on? Can I successfully countersue for attorney fees?
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