Q: Who pays for private road maintenance when there is no road maintenance agreement?
Our property, where we reside, is part of a small subdivision that includes a shared private road (driveway) that provides access to the 6 parcels in the subdivision. Currently, only two of the parcels have a home so it is us and our neighbor who use the shared road. There is no road maintenance agreement. The road is in dire need of repair and our neighbor refuses to discuss getting it fixed. How should we go about getting the work done and paid for? Should we be speaking to all of the property owners in the subdivision or just the one other who actually uses it along with us?
A: It depends on the nature of your deed, any related agreements and easements recorded with the town clerk, and the specifics of the road and surrounding properties re: issues related to access. If the road is your sole and equal ingress/ egress access method for all the properties in the subdivision, you may have an argument that the price for maintenance should be equally shared - though this may require litigation if you front the costs and seek reimbursement from them. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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