Comments on: Road Maintenance Agreements

By: JJ

JJ — Mon, 06 Feb 2012 14:12:14 +0000

Any recorded subdivision of record, should hold a clause as to “easements” granted for ingress and egress. Private roads on a subdivision plat, should be constructed to local county zoning codes, providing about 15 feet on either side of the roadway for utilities ROW.
Without a formal written agreement in place prior to purchase, it is up to the property owners who hold the “easements”, to maintain the roadways and pay for said maintenance. In our subdivision, we simply divide up the cost of yearly gravel…and we do so voluntarily. Some signed an agreement, but by doing so it may lead to liability risks, if those who signed implied “safety” of the roads. In our case, one of the property owners, allows a local farmer to access his property through our roads on a daily basis, causing the most usage and damages with heavy farm equipment. We have never seen any fees contributed for t his usage, and that is frustrating and unfair. So, with little to no recourse, except filing an expensive “stop order”, it is unlikely that we will ever see any contributions from them. Thus, we are all at the mercy of the nuisance farming on our not so “private” residential roads.

By: Robert Brown

Robert Brown — Wed, 18 Jan 2012 15:41:05 +0000

We are one of 14 owners who live on a private dirt road with culverts (some are blocked up) at various places but with no road base material. Eleven of the 14 owners want to form an association and sign an RMA and repair the roads by using a professional contractor.

The development was created about 40 years ago and some owners did routine maintenance. We now want to have it regraded and apply 4 inches of red rock base.

One of the owners is saying that he can’t be forced to pay because it’s an “improvement” because there was no road base applied when the road was put in 40 years ago. We say we are only “repairing” the road after years of neglect. Paving the road, making it wider, redirecting the road or otherwise changing its shape would be “improvements,” non of which we are doing.

So who is right?

By: Blow Away

Blow Away — Tue, 03 Jan 2012 02:32:15 +0000

We share a 30′ wide easement with 4 other owners. Our RMA states that the owners are “equally entitled to the use and enjoyment of said easement, and are equally obligated to keep said easement maintained.” It further states that “The said easement shall be maintained in good passable condition, and that financing and maintenance thereof shall be shared by all property owners equally.” Also, it states that “when a majority of the parcels decide that repairs are needed… a cost estimate shall be obtained, submitted to all parties hereto and that an assessment shall be levied on all parties hereto, to complete said repair or resurfacing.”
One of the parties has created a separate access to their property and do not use the easement for access. The other day I was trimming the trees and shrubs within the easement so the cars don’t get scratched as they use the paved road. Part of the trimming took place within the easement on his property. The owner became very upset and aggressive. He stated that I’m never to touch any of the plants on his property, nor come on his property (even the portion within the easement). He told me that he would call the Sheriff and sue me and “slap a restraining order on me”. I was completely blown away.
Was I within the law? In a few months the brush and trees will encroach onto the pavement again making a less than “good passable condition”. The owner was quite threatening. What would you suggest?

By: Dan

Dan — Mon, 12 Dec 2011 11:10:57 +0000

#1 Is there a legal simple way to have an account or use a cashbox safe to collect fees for an agreement or do you have to form a legal nonprofit corporation for each road? we have spurs of ingress egress easmants off of a main series of ingress egress easements. How is it done without starting and paying for a corporation??(the cost of which would take years to pay for and still not get the road fixed)

#2. How does proposed Title 64 WAC (HB 1349) change all of this? for instance It appears in the wording that someone could subdivide, build the road to standard then bill everyone else. It doesnt follow our current code of the subdivider being wholy responsible to pay for the road upgrade.

Thank You

By: John

John — Fri, 18 Nov 2011 01:48:08 +0000

Hi, and thanks in advance.

In the easement I signed when purchasing my home, there was a clause stating:

SAID DRIVEWAY ACCESS EASEMENT SHALL INCLUDE THE RIGHT TO INSTALL UTILITY
SERVICES AND THE RIGHT TO PAVE WITH ASPHALT AND OTHER SIMILAR HARD SURFACE
MATERIALS. SAID EASEMENT IS NOT INTENDED TO BENEFIT OR EXTEND TO ANY OTHER
LAND.

Is it true that my neighbor can improve my property (“paving”) without my consent? And then I’m responsible for maintenance? No RMA in place.

By: Julie

Julie — Mon, 14 Nov 2011 21:44:41 +0000

Ok I have a doozey here. We live on a private road that became washed out after the Huricane and Tropical Storms hit the east coast this year. The road along with the parcels before they were sold were transferred into this lot owners assoc, which was never organized. The person who later purchased this property is dead. Our deeds clearly state we own our parcel of land only. FEMA has offered us $985 for repairs of the road, and the last estimate was more than $100,000 to fix it. We cannot access our home. The Township says they don’t own the road & won’t fix it! So as far as the law is concerned who owns this private road now? Or is that a really vague, undefined area of the law? Also if we have been plowing the road in the winter, legally does that mean we have accepted responsibility of the road? Any help will be appreciated, thanks.

By: Anthony Schulz

Anthony Schulz — Mon, 14 Nov 2011 19:04:53 +0000

Jean

Those are great questions. If your deed says that you are to pay maintenance provisions, and there is nothing else recorded to say to the otherwise, then yes. However, collection and management also needs to conform to the specifications laid out as well.

By: jean

jean — Sun, 06 Nov 2011 18:11:16 +0000

Hello If your deed or deed agreement has provisions for you to pay a road maintance
Do you have to pay it?
If you have officers to collect the mony do you have to file any thing with the county where you live?

By: Anthony Schulz

Anthony Schulz — Fri, 21 Oct 2011 17:00:30 +0000

Maryal

Thank you for the question. Is the right of way owned by someone other than one of the 4 homeowners? That scenario is a lot different than if it is owned by one of the four of you.

By: Maryal

Maryal — Wed, 19 Oct 2011 01:26:20 +0000

We have 4 property owners on a long right of way which is only accessible by the ritht of way. We are just in the process of making a joint road agreement and I know one of the homeowners will not participate. I have downloaded your form at the top of the page and hope it is all we need to get this process going. Do we need a lawyer to record the agreement on our deeds? How do you put a lien on a property when they won’t pay their share? We have a private party plow in the winter and 3 out of 4 pay. The homeowner hasn’t been billed for plowing for 3 years now because they just don’t want to deal with them. Should we have a bill sent to them anyway for plowing since the rest of us are paying our share, even though they aren’t billed? We also want to purchase our right of way but noone seems to know who the owner is or where they are. We were told to let it go up for auction and purchase it then which will be in 3 yrs. Should we try to purchase it now if we can find the owner? My neighbor has been paying the taxes on it even though he doesn’t own it and his lawyer told him not to because he doesn’t own it.