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legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 8716
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I share a road that is suppose to be maintained by the

Customer Question

I share a road that is suppose to be maintained by the owners of the property. I own my house and have a document stating that it is the responsibility of all landlords to maintain the road. The asphalt is so bad that the renters can barely get to their property and it is damaging our cars. I am quite willing to pay my part but the owners live in Florida. The managers of the apartment building is unwilling to do anything and I can't contact the owner of the house or it's manager. What do I do?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  legalgems replied 1 year ago.

What state is the property at issue located in?

Customer: replied 1 year ago.
I live in Asheville NC.
Customer: replied 1 year ago.
I live within the city limits but the city calls the road a private road even though there is two houses and a five unit apartment building on the property.
Expert:  legalgems replied 1 year ago.

The document is presumably a Private Road Maintenance Agreement?

Customer: replied 1 year ago.
the document is the Chicago title agreement when I bought the house
Expert:  legalgems replied 1 year ago.

So presumably a covenant signed by the other owners correct, or included with their plot of land - typically the road will have adjoining property and they are all obligated pursuant to a written agreement, covenants, HOAs, etc?

Customer: replied 1 year ago.
No, I had to get the name of the other owners from the tax department. The renters have changed many times. I bought the house in 1996.
Expert:  legalgems replied 1 year ago.

OK; thank you.

It is the property owner, not the tenant, that is responsible for the upkeep of the road. Generally there is a legal document that is in place that requires the owners to contribute to its maintenance. This can be via an oral or written agreement, a covenant, a Homeowner's association agreement, etc.

If there is no agreement/deed restriction or other formal arrangement, then any agreement needs to be mutually agreed upon by the parties.

There are a couple of options involving assessments, where the county will get involved and assess the property owners, but this requires approval by at least 2/3 of the current owners (owners, not tenants). (for specifics, please see: file:///C:/Users/Generic/Downloads/B_private_road_maint.pdf)

If there is in fact an agreement, deed restriction etc, the party trying to force the maintenance/repairs can bring a lawsuit seeking a declaratory judgment, and requesting a monetary judgment to pay for the repairs. This can be brought in small claims if the damages are less than $10,000 - http://www.nccourts.org/courts/trial/sclaims/ ( a link on the left of the URL is to the small claims guide)

Since the non resident owners own property in the state, the state's courts may exercise jurisdiction over those owners, and if a judgment is successfully obtained, a lien can be placed on the property.

Since owners of property may be liable for civil damages if injuries or property damage occurs as a result of a failure to maintain a road, it is generally beneficial to all owners to at least agree to minimal repairs.

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