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  1. #1
    Join Date
    Nov 2010
    Posts
    21

    Default Can Adjoining Property Owners Be Required to Assist in Road Maintenance

    My question involves real estate located in the State of: Virginia -- Lee County

    I purchased a home at the end of a ¼ mile road through a subdivision in 1996. The subdivision plat shows the road as a dedicated ROW as required by subdivision ordnance. The county says they are not required to maintain the road and VDOT says the road is not in their highway system. At the time of this subdivision in the 1970’s there were no construction standards but this road was well built.

    The road was in very bad repair when I purchased my property in 1996 and required repair. I use the road about 3 time per week (I’m retired), the neighbors use it multiple times a day. The previous owner of my property built the road and paved it at his expense. No other party has ever made any contribution in 25 years.

    I asked all of the adjoining property owners and one neighbor who uses the road for their access to contribute a proportionate share for the needed repair … they declined. I had to repair it myself at a cost of $16,000. This repair has lasted 14 years and is in good condition except where the neighbors travel it frequently. One neighbor drives heavy equipment on it.

    The road is again in need of repair. I asked the adjoining property owners and users to contribute and they have again declined. The repairs this time will cost about $25,000.

    My question is can I bring a suit against the other users and adjacent property owners to force them to contribute to the maintenance of the road? There is nothing in the deeds about maintenance, no homeowners association and no state statutes I can find. This is a rural farm area.

    Would the principles of a usufruct apply and would the adjacent property owners and users be considered a usufructuary with a duty to maintain the road?

    Thank You

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Can Adjoining Property Owners Be Required to Assist in Road Maintenance

    I would recommend going back to the original plat and reading the ROW dedication very carefully.

    If the verbiage can be interpreted as a dedication to the public, and there are signatures of acceptance from any branch of the local government, you may have a case for county maintenance.

    Failing that, you are going to need a local attorney to move forward. Common law ROW and easement maintenance cases, in the absence of a specific agreement, usually end up requiring a contribution for maintenance in the proportion of use of the ROW. Then there is the issue of what level of maintenance should be reasonably required.

    Another avenue would be to pay for it yourself, as you have done in the past, and then sue in small claims court for reimbursement.

    Here is a link to a Virginia title attorney who will be far better qualified than I to respond to your question:

    http://www.vsb.org/sections/rp/articles/gregory.html

    With the cost you are facing, some legal advice would seem to be affordable.

    Good Luck!

  3. #3
    Join Date
    Nov 2010
    Posts
    21

    Default Re: Can Adjoining Property Owners Be Required to Assist in Road Maintenance

    Thank you very much.

    I have been trying to maintain the road in the same condition it was originally and nothing more. It is paved and it is also 11.5' wide x 1/4 mile long so it takes a fair amount of pavement to resurface it.

    Good tip about the plat and I will follow up on that.

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