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private road easement maintenence

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virsab

Guest
What is the name of your state? Texas, we have a mobile home park in the country at the end of a private road easement. there are 3 other adjoining land owners that use this road easement to their property also. BUt we are the only ones that have been maintaining it for 17 years. It is a great financial burden on us. the county will not help, they said it would have to be brought to their specs before they can take it over. (which would cost around $50,000) we do not have that kind of money, and can not get the other land owners to help out. my mother likes living out there to have all her family around, or I would have already left. the road is consumed with pot wholes and the other land owners just tear it up and do not help. Is there anything we can do to get them to help with the cost of maintenece. over the years we have probably spent thousands of dollars, and just today another 4,000. It just does not seem fair. Help!!!!!!
 


FarmerJ

Senior Member
In the area this property is in is there any local codes that would bar you from installing speed bumps ? or deliberate placement of materials that would give the same effect ?
 
We have this same problem but with the neighbors having 1/2 million dollar homes and up who could afford to pitch in. Unfortunately, the only one who doesn't pitch anything at all is the lawyer and his wife who is a judge and knows the legalities of this issue. Which is, basically If you don't have a road maintenance agreement with enforcement rules filed at the courthouse and notorized with every neighbor's signature, you can't make them. We all just pitch in what we can once the road gets unpassable but it stays a mess. Most of us now drive 4-wheel drive vehicles and consider it sport during the rainy seasons, although UPS doesn't think it's as much fun. Know how you feel and it's frustrating. Best of Luck.
 
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virsab

Guest
thanks for your replys, I still am hoping that there will be something legally I can do to get these adjoinging land owners to help out on the cost of this road, they sure do not mind using it. I am mainly having trouble with one set of Spanish people that hardly speak english, and when I did try to speak to them, their daughter was so rude and mean, just sstarted cusing me out and screaming for no reason at all. They have 4 rental units that they receive income off of, so they can afford to help out some. I do not know if it is worth going to court or what, I guess if I knew what the outcome might be or could be. I could way the options. Has anyone more advice or a similiar sitiuation, that came out good. Please let me know.
 

HomeGuru

Senior Member
virsab said:
What is the name of your state? Texas, we have a mobile home park in the country at the end of a private road easement. there are 3 other adjoining land owners that use this road easement to their property also. BUt we are the only ones that have been maintaining it for 17 years. It is a great financial burden on us. the county will not help, they said it would have to be brought to their specs before they can take it over. (which would cost around $50,000) we do not have that kind of money, and can not get the other land owners to help out. my mother likes living out there to have all her family around, or I would have already left. the road is consumed with pot wholes and the other land owners just tear it up and do not help. Is there anything we can do to get them to help with the cost of maintenece. over the years we have probably spent thousands of dollars, and just today another 4,000. It just does not seem fair. Help!!!!!!
**A: if the road is an easement on a private road, the road owners and/or the benefactors of the easement should be responsible for the repair and maintenance of the road. Read your recorded easement agreement.
This issue may possibly be easily settled via Small Claims Court.
 

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