What is the name of your state?FONT=ArialWhat is the name of your state? North Carolina
My property's legal ingress/egress is a private road which represents an easement for such in the deed. It is part of a tract of 950 acres which was divided into approximately 50 sites which all contain the same language as to access. The original easements were logging roads and some have since been abandoned while others have become the main access for several different property owners. It is doubtful that the State will ever take over the maintenance of these roads since they are in "the woods" and do not have much traffic. When I purchased the property 14 years ago, I was the only one in my neck of the woods. At that time, I had .7 miles of an abandoned road reconstructed, graded and graveled, bridged a creek with a large culvert, and constructed .5 miles of new road. The cost was around $30,000, approximately $15,000 of which was on my own property and the remaining $15,000 on the now common road. Since that time I have maintained the .7 miles and the "bridge" at my own expense and labor. The investment in the common road is now approximately $20,000. My "neighbors" do not have residences on their property and have reimbursed me from time to time with nominal amounts since their use is infrequent.
A 23 acre tract was recently sold and the new owner semi-cleared the property, logging most of the big trees, leaving some of the smaller ones. It has not been ransacked like some of the property around and has been divided into "lots" of approximately 2-3 acres. While logging and clearing, his contractor literally demolished the .7 miles of road which I use daily. I have been very patient for the last 6 months driving through mud and on ungraveled roadway while their "development" was proceeding -- always with the promise that they would put the road back in the condition in which they found it. HAH! Now the owner will only regravel the portion that fronts his property. Even the gravel is not sufficient to bring it back to the condition in which they found it. It needs dressing with a tractor by an experience road person plus additional gravel.
Do I have any recourse against the developer -- keeping in mind that the portion of the road I have been maintaining does not front my property?
If these lots are sold, is there any legal precedent to obligate the new property owners to help in maintaining the road?
There are several of us that need answers to the questions of pooling our maintenance. So far I am the only one whose previous endeavors have been destroyed. However, it is bound to happen again unless we can obligate person using the roads to help maintain them financially.
I would appreciate an answer or suggestion as to how we may proceed.
Thank you.
My property's legal ingress/egress is a private road which represents an easement for such in the deed. It is part of a tract of 950 acres which was divided into approximately 50 sites which all contain the same language as to access. The original easements were logging roads and some have since been abandoned while others have become the main access for several different property owners. It is doubtful that the State will ever take over the maintenance of these roads since they are in "the woods" and do not have much traffic. When I purchased the property 14 years ago, I was the only one in my neck of the woods. At that time, I had .7 miles of an abandoned road reconstructed, graded and graveled, bridged a creek with a large culvert, and constructed .5 miles of new road. The cost was around $30,000, approximately $15,000 of which was on my own property and the remaining $15,000 on the now common road. Since that time I have maintained the .7 miles and the "bridge" at my own expense and labor. The investment in the common road is now approximately $20,000. My "neighbors" do not have residences on their property and have reimbursed me from time to time with nominal amounts since their use is infrequent.
A 23 acre tract was recently sold and the new owner semi-cleared the property, logging most of the big trees, leaving some of the smaller ones. It has not been ransacked like some of the property around and has been divided into "lots" of approximately 2-3 acres. While logging and clearing, his contractor literally demolished the .7 miles of road which I use daily. I have been very patient for the last 6 months driving through mud and on ungraveled roadway while their "development" was proceeding -- always with the promise that they would put the road back in the condition in which they found it. HAH! Now the owner will only regravel the portion that fronts his property. Even the gravel is not sufficient to bring it back to the condition in which they found it. It needs dressing with a tractor by an experience road person plus additional gravel.
Do I have any recourse against the developer -- keeping in mind that the portion of the road I have been maintaining does not front my property?
If these lots are sold, is there any legal precedent to obligate the new property owners to help in maintaining the road?
There are several of us that need answers to the questions of pooling our maintenance. So far I am the only one whose previous endeavors have been destroyed. However, it is bound to happen again unless we can obligate person
I would appreciate an answer or suggestion
Thank you.