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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111679
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My home is at 530 Casas Bonitas Lane, Nokomis, Fl., 34275.

Customer Question

My home is at 530 Casas Bonitas Lane, Nokomis, Fl., 34275.
There is one public road or access to my house, Casas bonitas Drive. There are many side streets off of Casas Bonita Drive with cul de sacs which are also private. The County will not provide any service to these side streets.
My cul de sac is the largest and every one uses it for turning their big trucks, garbage, and delivery trucks around in.
I would like to sell my house, but my realtor says I have to sign a maintenance agreement with my neighbor stating that we would repair the cul de sac down the road as needed. The cul de sac is a circle cut into a pie, there are 2 or 3 of us that own the land under the cul de sac.
I did not require this when I bought the house in 2007. Neither did my neighbor.
This does not seem reasonable since every one of us on Casas Bonitas Drive use it for turning around or for delivery trucks coming to our houses.
Would you please advise if this is a legal requirement for me to sell my house.
thank you
joel alsaker
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 3 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Actually, there is no legal requirement to have such a maintenance agreement, but if the association is not taking care of the private road as a common area, then the continuous landowners to that private road are all equally liable for maintenance costs under the common law rules of private roads and abutting landowners. The agent wants the maintenance agreement to make it clear the new owner as a abutting landowner to the road is on notice that they are going to be liable for any share of maintenance costs on that road.

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