Results 1 to 7 of 7
  1. #1
    Join Date
    Nov 2010
    Posts
    21

    Default Can Adjoining Owners Be Forced to Assist in Maintenance of Access Road

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

    This is from a previous thread I started which is closed.

    I have secured the original plat and it shows these roads as dedicated for public use. There are no signatures on the plat from any county official and it is not the counties policy to "accept" these roads. So, though it is a public road, it is unfunded for maintenance and the adjoining property owners refuse to assist in the maintenance. The road continues to rapidly deteriorate and needs maintenance.

    Any legal cites or pointers would be helpful.

    I also contacted this attorney and he was of no assistance stating he did not work in this area.

    http://www.vsb.org/sections/rp/articles/gregory.html
    ++++++++++++++++++++++++++++++++++++
    Original thread.
    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?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can Adjoining Owners Be Forced to Assist in Maintenance of Access Road

    does VA actually use the term usufruct? I though LA was the only state that used that term.

    anyway; part of the problem is this:

    The previous owner of my property built the road and paved it at his expense.
    Since the owner of your property took it upon himself to improve the road without any apparent agreement by any of the others, it is unlikely you will be able to require the other users of the roadway to maintain the drive in any fashion greater than it was prior to the paving of the road.

    If I was one of the others and I did not wish to contribute, I would argue that by the person that paved it and your subsequent repairs that you have in fact altered the roadway in a manner that no others wanted. In doing so, you not only have (had) no claim for compensation for the original work or any repairs to the improved surface but that you have a duty to maintain it and at your cost. You and your predecessor's actions are the cause the roadway requires the type of maintenance that is now needed. Since it is in place, the others cannot maintain what was there so it's now your obligation to repair and maintain the roadway that your predecessor installed and you have since repaired. Don't know how far it would get but it's what I would be arguing.

    So, if I was you, I would ask the neighbors which they would prefer; dirt trail or paved roadway. If they want a paved road, tell them they need to chip in and sign agreements (that attach to their deeds so subsequent purchasers are bound by the same agreement). If they want a dirt road, I would ask for contributions to pay the cost of returning it to a dirt trail. If they object, you might be able to go to court to seek some contribution but again, the reason it is as it is is because of your predecessor and yourself so I wouldn't expect to win there either. Other than that, you can probably perform some basic maintenance (fill in the holes) and demand contributions. I would think a court would be more likely to agree that the users of the roadway would be liable for at least that level of maintenance.

    but it you want a nicely maintained paved road, I think it is going to fall on you for the financial end of that.

    the one possible exception to having a justifiable denial for compensation would be the person that drives heavy equipment on the road. Unless he was there from the beginning, it is likely that that use is overburdening the roadway and causing damage which he should be liable for.

  3. #3
    Join Date
    Nov 2010
    Posts
    21

    Default Re: Can Adjoining Owners Be Forced to Assist in Maintenance of Access Road

    Thanks for the thoughtful reply. I tend to agree in principal; however, the original owner who built the road was the first resident. All of the other residents purchased subsequent to that. Additionally, the road was just a drawing on the original plat and it was not built. The original owner who built the road also paved it at the same time so it has always been an improved surface.

    So I guess all I have done is to maintain the road in its original condition and the other folks continue to get a free pass. Unfortunately I do not have an alternate access and being at the end of the road it sort of puts it in my court.

    I do not think VA uses the term usufruct ... I am looking for something to hang my hat on but the nails are pretty small so far! These neighbors are pretty cheap and selfish folks even though they seem to have plenty of income. Short of litigation I am certain they will never contribute especially in view of the fact that they haven't in the past 30 years.

    Thanks again.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can Adjoining Owners Be Forced to Assist in Maintenance of Access Road

    well, that's a horse of a different color. That might change things. Not sure but it might.


    I have not found any law specifically requiring users of an easement to contribute to the maintenance of the easement except in a condo type situation (Horizontal land act (I think it was)) but it is fairly well accepted that that is an enforceable requirement in common law. Part of the problem you might have is that the road is a public road and as such, do you actually have any standing to sue to force contributions. I really don't know how that would play out in court. Hopefully landsurveyor will stop by and address that point.


    There is the following statute which is a bit troubling, to me anyway.

    § 55-50.3. Public road easements; maintenance and improvements.

    Whenever a public road that has never been abandoned but is no longer publicly maintained serves as access for more than one property owner and operates as the primary source of ingress and egress for that property, any one of the property owners may maintain, repair, or improve the road at his own expense without the express permission of the other property owners but only after administrative review by the local government. All other property owners shall be notified by mail of any pending maintenance, repair, or improvements prior to commencement of the work. Nothing in this section, however, shall be construed as allowing the property owner who is doing the maintenance, repairs, or improvements to the road to interfere with the other property owners' use of the road for ingress and egress
    .

    while it doesn't say all users of the road are required to contribute, the fact it specifically states that one user may take unilateral action to repair and maintain the road, at their expense, it kind of sounds like they do not view this in the same manner as one would a private easement.

  5. #5
    Join Date
    Apr 2010
    Posts
    238

    Default Re: Can Adjoining Owners Be Forced to Assist in Maintenance of Access Road

    Are the other users damaging the road in any way? Sounds like they might be putiing more than just normal wear and tear on it if they are driving heavy equipment over it. Is there an easement for the adjoining properties? Can they use the road without having to pay for its upkeep?

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can Adjoining Owners Be Forced to Assist in Maintenance of Access Road

    Quote Quoting lurkertom
    View Post
    Are the other users damaging the road in any way? Sounds like they might be putiing more than just normal wear and tear on it if they are driving heavy equipment over it. Is there an easement for the adjoining properties? Can they use the road without having to pay for its upkeep?
    it is a public roadway. The local gov has never agreed to build nor maintain the road so they don't have to. There is no private easement because it is a public roadway. and the last question; that is what the OP is trying to figure out. So far, from what I have found, the answer is likely: yes, just as you can drive down the roads of your town without having to pay any specific fee for doing so.

  7. #7
    Join Date
    Nov 2010
    Posts
    21

    Default Re: Can Adjoining Owners Be Forced to Assist in Maintenance of Access Road

    I do not think the other property owners are damaging the road. It is more of a time/use problem. The original road was constructed in 1974. I purchased in 1996 and the road was terrible. One neighbor did nothing because she did not live on her property that it served. The other neighbor just put rocks in the holes. I asked them in 1997 to contribute a small portion towards repair and a resurface ... they declined but I went ahead and did it myself.

    Another person purchased a house that fronted on a county road but the property also fronted on this road. He has heavy equipment (trucks and a backhoe). He decided to use this road to get the the back of his property and put a driveway in on this road. I do not know if he got a permit or not for it but he did do a good job and put a culvert in also. He parks his equipment back there and he too has declined any assistance.

    The majority of the damage appears to be from tree roots undermining the surface and cracking and bulging. After a year or so the bulges break and then we have a pot hole that collects water, freezes and gets worse.

    I can not find any case law or regulations in this area (uncivilized) that allows me to take these folks to court and require they contribute in maintenance.

    1. Sponsored Links
       

Similar Threads

  1. Road Maintenance in a Subdivision with No HOA
    By CrankyFrankie in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 06-02-2011, 09:53 AM
  2. Private Road Maintenance Agreement Needed, Property Has Road Frontage to County Road
    By ridgerunner in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 03-18-2011, 12:15 PM
  3. Can Adjoining Property Owners Be Required to Assist in Road Maintenance
    By RexLan in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 12-01-2010, 06:35 AM
  4. Access Road Vice Original Road
    By part237 in forum Real Estate Ownership and Title
    Replies: 6
    Last Post: 10-12-2009, 06:17 AM
  5. Quiet Enjoyment: Temporarily Forced to Leave by House Owners
    By ivy in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 07-22-2008, 11:21 AM
 
 
Sponsored Links

Legal Help, Information and Resources