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  1. #1
    Join Date
    May 2018
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    1

    Default Who is Responsible for Maintaining the Road We Live on

    My question involves real estate located in the State of: West Virginia
    We bought a house almost 2 years ago and it is a gravel road that goes past our driveway into a DNR place. We were told that the road was a county maintained road but to date no one has did anything to maintain it. We contacted our DOH who told us it was the land developers responsibility to maintain it and the land developer told us that it is the DOH responsibility to fix it but no one is doing anything about it.It is a gravel road and is in very poor shape . It goes up to a wildlife reserve that is owned by the DNR and we have also contacted them and they accept no responsibility for maintaining it as well. Seeing as how no one is claiming responsibility to maintain it can I close the road and put up a gate seeing that I am going to be the one who maintains it?? How can the DOH just quit doing upkeep on it ??

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

    Default Re: Who is Responsible for Maintaining the Road We Live on

    Since the developer and the doh (please provide a full name as doh is not a familiar term to me but I presume it is some form of government office) are saying the other is responsible, it sounds like you need to research this to determine if the roadway was ever granted to and accepted by the county.


    You should also research to discover who has rights to use the road. If you block others legal right of way you may find yourself in an unhappy place.

  3. #3
    Join Date
    Jan 2011
    Posts
    401

    Default Re: Who is Responsible for Maintaining the Road We Live on

    WV DOH = Division of Highways which is responsible for road design & maintenance, snow plowing, etc.

    Is there a road sign with a number where this gravel road intersects with the main road?

    Is the "DNR place" a wildlife management area?

    Why would DOH think the developer is responsible? Are you in a subdivision that isn't fully built out yet? Does anyone else live along this road?

  4. #4
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Who is Responsible for Maintaining the Road We Live on

    Go to your county registrar's vaults and look for a recorded subdivision plat that was approved when the land was subdivided. When you find it, it should show the road and a description of it. It may say it's a private road or it may say it is an easement (basically they would be the same).

    As has been pointed out, it may well be the developer that is responsible for the maintenance. Only roads that are dedicated to and accepted by a local jurisdiction (municipality, county, state) become the responsibility of that jurisdiction.

    You should look at your deed to see if there is a granted easement with language that may shed some light on the maintenance.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Who is Responsible for Maintaining the Road We Live on

    Quote Quoting jdhibberts
    View Post
    We were told that the road was a county maintained road but to date no one has did anything to maintain it.
    You were told that by whom?
    Quote Quoting jdhibberts
    We contacted our DOH who told us it was the land developers responsibility to maintain it and the land developer told us that it is the DOH responsibility to fix it but no one is doing anything about it.
    Did you buy from the developer? If so, what documentation has the developer provided to document that the DOH is responsible for road maintenance?

    Is this road used only by you (and the wildlife reserve) or are there other homeowners who use the road? If the latter, what do the other homeowners say?

    If the DNR uses the road, what did they say when you contacted them to ask about the road and its maintenance?
    Quote Quoting jdhibberts
    Seeing as how no one is claiming responsibility to maintain it can I close the road and put up a gate seeing that I am going to be the one who maintains it?
    You have not indicated that the road runs on or through land that you own, nor have you told us about others who use the road, whether they be other landowners, DNR employees, members of the public, or others.

    If the road is on an easement through your property then you may be able to gate it on your own property in a manner that does not unreasonably interfere with its usage by others who have the right to use the road; but it would take more facts to state that you have a legal right to install a gate. If the road doesn't run on your land then, no, you have no right to install a gate on somebody else's land.
    Quote Quoting jdhibberts
    How can the DOH just quit doing upkeep on it ??
    How do you know that the DOH ever performed upkeep?

  6. #6
    Join Date
    Jul 2018
    Posts
    8

    Default Re: Who is Responsible for Maintaining the Road We Live on

    Division of Highways is responsible for that. It is best if you can get in contact with them. Or, you can ask a personal lawyer. They will also be able to clarify your doubts.

  7. #7
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Who is Responsible for Maintaining the Road We Live on

    Quote Quoting MattLaw
    View Post
    Division of Highways is responsible for that.
    How can you possibly know that from what has been posted?

  8. #8
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Who is Responsible for Maintaining the Road We Live on

    Quote Quoting PayrolGuy
    View Post
    How can you possibly know that from what has been posted?
    He/she can't. It's seed spam.

  9. #9
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Who is Responsible for Maintaining the Road We Live on

    It may well be but I wasn't going to leave it hanging out there as the final answer in the thread.

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