Many neighbors, one driveway

[ruralga_blues]

What is the name of your state (only U.S. law)? Georgia
Me and my 9 or more neighbors (we still have a few lots bought but not developed) live in a little subdivision with a nice dirt road with ditches and blue street signs. However, no one seemed to notice that we each and every one of us owned the easements to the road we live on. The man who constructed the subdivision and sold us the land said that once the last piece of property back there was sold, he no longer was responsible for grading the road. We believe that happened two years or so ago, since the road has not been graded.

We are all at each others throats because the repairs to our cars are expensive, and many of us would be happy to chip in to have the road graded if we have to, but of course there are a few neighbors that refuse to pay anything for the road. Neighbors are turning against neighbors.

I was told by the guy who developed the subdivision that we were responsible for maintaining our easements, but this seems ridiculous since I don't use the easement, also, I have two easements to the same pieces of property and they are long, so I would need to fence one off (no one would be landlocked by this.

The road sign says "Private Road" and it wouldn't surprise me if federal rural development grants were used to develop this area. The bare minimum was done. We do have garbage trucks come down the road, but the county won't pick it up as they say "too few people live down there". Isn't nine people sharing a dirt road enough?

We had expected, since this was a subdivision, that the county would pick up the road. What can we do? I suggested that the neighbors who are willing all pitch in and grade the parts of the road that are not on the other neighbor's land. And then we address him legally. we are all really poor, so this is difficult. What can we do? The subdivision guy dumped this on us and we have no shared driveway agreement at all.

Any help would be appreciated.
Blue in rural GA

 

[nextwife]

What is the name of your state (only U.S. law)? Georgia
Me and my 9 or more neighbors (we still have a few lots bought but not developed) live in a little subdivision with a nice dirt road with ditches and blue street signs. However, no one seemed to notice that we each and every one of us owned the easements to the road we live on. The man who constructed the subdivision and sold us the land said that once the last piece of property back there was sold, he no longer was responsible for grading the road. We believe that happened two years or so ago, since the road has not been graded.

We are all at each others throats because the repairs to our cars are expensive, and many of us would be happy to chip in to have the road graded if we have to, but of course there are a few neighbors that refuse to pay anything for the road. Neighbors are turning against neighbors.

I was told by the guy who developed the subdivision that we were responsible for maintaining our easements, but this seems ridiculous since I don't use the easement, also, I have two easements to the same pieces of property and they are long, so I would need to fence one off (no one would be landlocked by this.

The road sign says "Private Road" and it wouldn't surprise me if federal rural development grants were used to develop this area. The bare minimum was done. We do have garbage trucks come down the road, but the county won't pick it up as they say "too few people live down there". Isn't nine people sharing a dirt road enough?

We had expected, since this was a subdivision, that the county would pick up the road. What can we do? I suggested that the neighbors who are willing all pitch in and grade the parts of the road that are not on the other neighbor's land. And then we address him legally. we are all really poor, so this is difficult. What can we do? The subdivision guy dumped this on us and we have no shared driveway agreement at all.

Any help would be appreciated.
Blue in rural GA

He did not "dump" this on you.

Every one of you CHOSE to buy without reviewing title first, and to determine if the county was scheduled to make the road public and take it over at completion, to see if there were any developers agreements filed which imposed certain duties on the developer in exchange for plat approval, or, at minimum, a maintenance agreement between the owners established to deal with the road.

 

[154NH773]

no one seemed to notice that we each and every one of us owned the easements to the road we live on.

You must determine what the wording of the easements and your deeds obligate you to. It is likely, although not certain, that there is some language obligating all the homeowners to contribute to the maintenance of the road.

Your post is somewhat confusing in describing the roads and the easements. How do you have two easements and you do not need to use them?

If you have easements on your property that are in favor of some other property, then you may not block them. Who owns the property the road occupies?

Do you have a local planning board, or other municipal board that approved the subdivision? Go talk to them; otherwise band together with the other property owners that want the road improved and get a lawyer. There is a chance that a court might decree that a road association take over the road and you all would have to contribute. You will all need a lawyer; share the cost.

 

[ruralga_blues]

I found out the man who created the subdivision does own the land on which the road lies and that the county would not take over the road because he went cheap and did not create the roads properly. Improper ditches, insufficient culverts, road too narrow and other reasons. What do we do now? We plan to try confronting him to simply ask that it be graded, at least temporarily and to talk to him about this.

 

[NC Aggie]

This seems like a very poorly concepted easement/roadway to begin with. I don't know if I've heard of a situation before where the developer maintains ownership of the land on which the roadway is constructed...unless there is an HOA? If that were the case, the HOA would retain ownership after all properties had been sold or developed. I haven't heard you mention as such, so I assume there is no HOA involved.

Unfortunately, the developer could simply do quit claim deed to rid himself of any responsibilities. This would be the logical thing for him/her to do since the land (on which the roadway lies) would essentially be worthless unless it is part of a bigger piece of property. Moving forward, I would suggest that an HOA be formed and fees collected for the maintenance of this road. Without that, this would continue to be an issue moving forward and each of you (property owners) may have a difficult time ever selling your property if you elected to do so.

 

[154NH773]

I don't know if I've heard of a situation before where the developer maintains ownership of the land on which the roadway is constructed...unless there is an HOA?

Actually not as uncommon as you might think. Part of my access road is similiar. The developer kept ownership until several years after the development was completed. He then did deed the land to a road association, but there is nothing in the individual deeds requiring anyone to join the association. Some of the road users are now trying to get the town to take over, but as in this case, the road is not up to specifications.

Anyway, in the OP's case, the town may take over the road if he and his neighbors can get the developer to bring it up to specs. If the developer refuses, then they may have to pay to bring it up to specs themselves.

The town should have made the developer post a bond, and not released it until the road met town specifications. In my case, that didn't happen and the town released the bond without checking, and now 25 years later the road needs to be moved.

I would confront the town and ask if a bond was posted, and if the town signed off. You might be able to force the developer to bring the road up to specifications, but I wouldn't wait too long or you may not be able to do anything.

I would suggest that an HOA be formed and fees collected for the maintenance of this road.

Unless there is some deed requirement for the neighbors to belong, some may opt out and refuse to pay. In that case, only a court decree could make them join and/or pay maintenance fees.

 

[NC Aggie]

Actually not as uncommon as you might think. Part of my access road is similiar. The developer kept ownership until several years after the development was completed. He then did deed the land to a road association, but there is nothing in the individual deeds requiring anyone to join the association. Some of the road users are now trying to get the town to take over, but as in this case, the road is not up to specifications.

Anyway, in the OP's case, the town may take over the road if he and his neighbors can get the developer to bring it up to specs. If the developer refuses, then they may have to pay to bring it up to specs themselves.

The town should have made the developer post a bond, and not released it until the road met town specifications. In my case, that didn't happen and the town released the bond without checking, and now 25 years later the road needs to be moved.

I would confront the town and ask if a bond was posted, and if the town signed off. You might be able to force the developer to bring the road up to specifications, but I wouldn't wait too long or you may not be able to do anything.



Unless there is some deed requirement for the neighbors to belong, some may opt out and refuse to pay. In that case, only a court decree could make them join and/or pay maintenance fees.

You're certainly correct in that property owners can refuse to join and pay maintenance fees, but I still believe that would be the best option moving forward. Explain to each of the property owners that it's in their best interest.

As far as forcing the developer to bring the road up to specs....it's possible that the county did not require a bond for the roadway (itself) since it was constructed as a private roadway. Additionally, since it is a private roadway, it's likely it did not have to be constructed to any type of specifications or standards so the bond would have been released after completion of all other applicable requirements. I know in the municipality I work, we do not even inspect newly constructed private roadways.

 

[154NH773]

I know in the municipality I work, we do not even inspect newly constructed private roadways.

I agree that it is usually a local ordinance or regulation that might require a subdivision builder to post a bond or build to a specific specification, so the OP would have to research those locally.
In my situation, there are local subdivision ordinances that require roads to meet certain specifications. If that is the case in the OP's municapality he should find out before any statute of limitations runs out for enforcement.