My question involves real estate located in the State of: WV
We have a 40ft ROW that meanders through 2 parcels of property - we call it the back road because there is another front entrance we access to get to our property. We have not once paid for any kind of maintenance to this road for 8+ years and our neighbors have not paid a dime for over 15+ years. I believe another ROW holder paved it on his own accord many years ago. A guy bought the property that this ROW goes through - he wanted us all to sign our rights over to it which no one agreed - in the new deeds for the parcels he has sold since purchasing it extinguishes any new owners right to use it. The deed that this ROW originates from is dated back to 1954 - I have gone to the courthouse and copied it. It does state that maintenance is supposed to be shared cost to all ROW holders - however when this old landowner passed away and her children inherited the land no one was ever assigned nor collected any money to maintain the road. When we bought our house we were not aware of this issue. So - the new landowner is supposedly preparing the road to be paved and expecting us all to pay. Can he do this without letting us know and just demand money? We have talked to the guy once in the 7 months he's been up there clearing etc. He says he wants the road abandoned however there is gravel driveway leading to where he is building his house from this road. I do agree none of us ever maintained the road and it isn't in the best of shape but do we have any legal angle here to fight this? He is saying we are going to owe $20,000 each! And more houses are connected to this ROW than just the ones on our lane - and it is my understanding that it has to be split evenly so shouldn't we need something in writing before he does this? Is the paving considered maintenance? The original deed says 9ft slag road.