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  1. #1
    jgmail4me is offline Junior Member
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    Sep 2009
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    Private road maintenance and costs to each poperty owner

    What is the name of your state (only U.S. law)? IL
    There are approximately 15 landowners maintaining a one mile private road. I live at the very end of the road where it dead ends.

    Many feel they only want to pay for the amount of the road they use. Everyone wants me (and 4 others) to pay for more than half of the total road costs since we live on the lower portion which is the longest. Their rationale is we use the road up to and past their property. I differ than the other 4 people on the lower portion of the road. They do not want to fix the 90 foot of road that runs in front of my property of my house because they say where my property line begins no one uses and they consider it to be a driveway (90 feet). The issue I have is that everyone up here owns the road and turns off the road into a driveway. I am paying for the road in front of their property but yet they do want me to pay to keep up the road that runs along the front of my property. Essentially I pay to keep the property value up for them but they want me to pay more than my share AND not get the 90 feet maintained that runs in front of my house which will help my property values.

    Can someone guide me on this issue? It use to be that everyone would pay equally, but the last couple of times they have wanted me to pay more.
  2. #2
    FarmerJ is offline Senior Member
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    The fairest method is according to the amount of private road footage each home must use. The people at the end closest to the public road would have the lowest cost. Your being at the end you would have the highest. The simple method may have been just that SIMPLE by dividing the total maint cost of the road by 15 but it was not fair. Wasnt this all spelled out in writting at the time you bought your home? If it was not then I suggest the group speak to a real estate atty if they cannot come up with a agreement. If nothing else talk to your township board or county commisioner to learn what would be involved to get the township to take over the private road and maintain it.
  3. #3
    tranquility is offline Senior Member
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    I agree with FarmerJ (and have answered that way on an similar question posted a while ago--same person fishing for different answer?)

    An example of a sharing agreement can be found at:

    [url]http://deerlake.biz/PDF/black%20creek%20road%20agree.pdf[/url]
  4. #4
    FarmerJ is offline Senior Member
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    Tranq I read thru that, it was pretty cool!
  5. #5
    154NH773 is offline Member
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    Dec 2007
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    This can be a very complicated problem. Without knowing what the easement agreement states, it is difficult to make any suggestions.

    I am in a similar position, living at the end of the right of way. I've refused to pay a homeowner's association that will not maintain their portion of the road which they are obligated by deed to do. I have also sued three additional owners for a contribution for portions that I have maintained. I was successful in suing two, who have a deed obligation to contribute, and have just finished a NH Supreme Court appeal asking for the third person to contribute despite having no obligation in their deed. (decision pending)

    If there is no equitable provision for sharing costs, a court in a quiet title action can impose obligations (or no obligations) on the persons having easement rights.

    It may be reasonable for property owners to contribute only for to the portion to their properties, but it is also possible that easement language or other considerations make it reasonable for all to share in the entire length.

    In my case, I maintain what I need to, and have offered that maintenance as my share in the total cost. I feel I am being fair, and have asked for a meeting with the HOA and other owners to come up with a fair agreement, but they are not interested.

    I have a friend that made an offer to contribute to his right of way despite no deeded obligation to do so, but the HOA wanted more. He has not paid anything in more than 40 years because of their attitude. So... anything's possible. I, however, believe in fairness, and that doesn't necessarily mean equal.
    Last edited by 154NH773; 09-23-2009 at 08:01 PM.
  6. #6
    drewguy is offline Member
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    Mar 2008
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    Bear in mind that your portion should need less maintenance since it gets less use. So while you may have to pay a higher share for that last stretch you shouldn't need to repave as often.
  7. #7
    Cedrus is offline Member
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    May 2007
    Location
    Southern Oregon
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    You need to tell us what you agreed to, in writing, about road maintenance.

    You say that "..it used to be that everyone would pay equally" Was that in the road maintenance agreement?
  8. #8
    robrush44 is offline Junior Member
    Join Date
    Apr 2008
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    2

    States that impose statutory maint requirements

    It is my understanding that some states, such as California, impose statutory requirements on property owners for the maintenance and repair of private streets.

    What are the other states that also have statutory requirements? In particular, do AL, MS, LA, TN, FL or GA?

    This has become an issue with us because we are a mortgage lender and, understandably, Fannie Mae will not buy a loan if there is no agreement and no statutory requirement.

    Any help is appreciated.

    Rob

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