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Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7081
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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I live on a private road that consists of 3 parcels. 2

Customer Question

Hi. I live on a private road that consists of 3 parcels. 2 of the parcels are owned by 1 part-time resident who is the road manager and responsible for 2/3's of any payments due for road maintenance. We are responisible for 1/3. The road is is bad shpe
with deep ruts and only gets worse with any rainfall. We discussed this with the road manger (A Lawyer) and he refuses to do anything to the road. It is creating a hazardous situation and damaging our vehicles. What recourse do we have. If we have the road
repaired he will likely sue as he has done in the past to a previous resident. Thanks
Submitted: 1 year ago.
Category: Legal
Expert:  Irwin Law replied 1 year ago.
Depending on what the road is legally speaking, i.e. a dedicated or platted roadway, or an established easement for access, the people who are serviced by the road have the right, even the duty to make repairs . I don't see any legal grounds for a suit by the other owner, but he can sue if he wishes. What will his damages be? It sounds like you may be dealing with a classic bully, in which case, you can either deal with him, or deal with the ruts.
Customer: replied 1 year ago.
I believe it is a platted roadway but not 100% certain, that deeds the right of way to all residents. The problem I see is that we would end up paying the entire cost and then have to sue them for their share.
Customer: replied 1 year ago.
And the road maintenance agreement states that they have to approve all repairs.
Expert:  Irwin Law replied 1 year ago.
You've got a real problem there. The RMA by virtue of its' existence presumes that repairs to the road will be made. It goes without saying that you are going to have to fix the road and hope that you can recover the costs from the other two (?) owners. As far as the lawyer suing you for making the repairs, that sounds like a pretty hollow threat. You should be suing everyone along the road To try to force some agreement as to future repairs, and contribution to the cost. I have no idea what private road repair costs will run. I don't envy your situation and I wish you luck.
Customer: replied 1 year ago.
It's just them and us. Noone else.
Expert:  Irwin Law replied 1 year ago.
Do you have an additional question? I feel that I am at a disadvantage in trying to answer questions about an agreement that I have not read. I will offer Additional Services for that purpose if you want it.
Customer: replied 1 year ago.
I would have to find the road agreement.
Expert:  Irwin Law replied 1 year ago.
And the road maintenance agreement states that they have to approve all repairs.
I presume that there was one recorded with the County recorder when the land was platted.
Customer: replied 1 year ago.
There is supposed to be a vote and since they have 2 of the 3 votes they would have say in the matter. I know the raod agreement is perpetual as well so doesn't seem it can be changed.
Expert:  Irwin Law replied 1 year ago.
I don't know what else I can tell you at this. At this point, I don't see a question that I can assist you with any further. That is, without you accepting the additional services that I offered, and obtaining a copy of the actual road agreement.
Expert:  Irwin Law replied 1 year ago.
HELLO AGAIN. I hope that my Answer has been helpful. If you need more information, please send me a Reply. If not, I hope that you will enter a positive rating for my Answer so that I can receive credit for assisting you. Thanks again for using JUST ANSWER.