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Re. Do I pay an equal share of a road maintenance agreement or only my share up to my driveway?
Anonymous4 views3 answers
Road maintenance agreement with neighbors states: "............property owners shall pay their pro rata share of the costs of said maintenance: provided , however, that the division of the costs shall be on a per lost basis, that is, a fractional part of the cost of said maintenance shall be attributable to the owners of each lot without respect of the number of owners owning each lot." DO I pay for a share of the entire road or only my share of the road up to my driveway
Your payment will go toward the entire road. The number of lots in the subdivision, or else, abutting the road or serviced by the road.
I've closed hundreds of properties subject to a "road maintenance agreement." In a hypothetical more-dense subdivision, the same essential terms concerning road maintenance are contained in a document recorded along with all deeds and other land records, called a master '"declaration of covenants, conditions and restrictions" which are typically signed by the developer, alone, while he still owns all of the lots and common property. I have always observed the slicing of the pie to pay for common capital expenses.
As a practical matter, distance of road usuage wouldn't work out, either by agreement (most likely) or a court's refusal to enforce the RMA for any number of reasons, for example, void for vagueness, incomplete or ascertainable location of the road; "waiver" or "laches" or "estoppel" which are special defenses that are meant to carry out the spirit of the law and to negate an unfair or unconscionable result under the letter of the law;
Road maintenance agreements are generally messy and tedious. Frankly, it's my opinion that many RMA would be found unenforceable in the event that a lot owner were to file a lawsuit against that other party.
I will take a stab at this.
Two neighbors own lots adjoining each other with a road going through both properties. Each is responsible for half of the maintenance.
Lot A has 1 owner, Lot B has 5 owners. Lot A owner owes 50 percent, and Lot B owners jointly owe 50 percent.
That's how I read it.
Click on "Find a Lawyer" above and locate a real estate attorney to review the agreement, whether its an easement, license or some other form of co-ownership, and determine who owes what to whom.
I think you pay a fractional share of the entire road. But if the cost is significant, it would probably be a good idea for you to take the entire agreement to a lawyer and have it reviewed.
