Assume you have just purchased a large piece of property you intend to use for agricultural and recreational purposes. You decide the best place to build your house is about a mile from the main road, and the best place to build a driveway to your new house is along one of your property lines.
Three of your neighbors, hearing of your plan, ask if they can also use your new road because it would give them better access to their properties than they now have. You are willing, for a price, because if you give your neighbors the right to use your road you will have to upgrade it from a single to a double lane. They, understanding this, agree to pay an annual fee if you will build the two-lane road and let them use it.
However, one of your neighbors has a small rock quarry on his property, and he wants to use your road for his big trucks. You say okay, but you ask that he pay you a bigger fee because he wants to use the road more often than the other neighbors and his trucks will require a stronger road bed and more maintenance. The neighbor with the rock quarry says he only wants to pay what the others pay because that would be