I agree with you. This is not maintenance, this is improvement and you are not liable for improvements. Any maintenance required is in proportion to the amount of use and as it appears that his machinery has destroyed the road, then he is responsible for the majority of the maintenance costs.
If there are 8 properties altogether, then the legal costs of fighting any claim he brings can be divided by eight if you put in to the common pot. However, anyone who doesn’t contribute towards any fighting fund would still get the benefit of the outcome.
Can I clarify anything for you?
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