Sharing the cost of snow removal

We are in the middle of a great Winter here in the Northern Adirondacks. Snow is waist-high in the woods. Skiers, Snowshoers, Snowmobilers, ice fisherman are out and about, enjoying the best snow we have had in years.

The Town of Franklin as been doing a stellar job of keeping the roads open. The last half mile to my home is on a private road; I share the expense of snow removal with my neighbors. I have learned that this issue— sharing expense of snow plowing and sanding is the source of conflict on at least three private roads here around Loon Lake.

I approach this issues from a practical and equitable perspective. Although I am a lawyer, I do not look to what is legally justified for the answer. Mostly because doing so would involve suing a neighbor, which is something I abhor. Instead, I approach it from what is right, from a “playing nice with your neighbors” perspective.

Here is what I mean. Assume you live on a half mile long road, with 8 houses along its length. The road is hilly and needs sanding in addition to plowing to keep it open. House 1 is near the Town road; the rest are spread along the road to house 8, at the end. Some of the houses are seasonal and not used in the Winter; 5 are used year round. In my view, all 8 houses should contribute equally to snow plowing and sanding. All benefit from having access for emergency ( fire) access and for winter maintenance (roof snow removal, oil and propane delivery). This is the neighborly thing to do. As is cutting out a tree down across the road, or pulling out a car that has slid off the road. The right thing to do.

Unfortunately, the reality is different. On 3 private roads here in Loon Lake, using the above example, House 8 clears the road, and asks for contribution from houses 1 -5 along the road. Some decline, saying, “Why should I? You are going to clear the road anyway.” The answer to “why should I” is simple— because it is the right, neighborly thing to do.

This issue has implications for general road maintenance, beyond snow removal. I fear that the collaborative, cooperative approach we have used for years is coming to an end. The damage to neighborly relationships will be hard to repair.