Can Adjoining Property Owners Be Required to Assist in Road Maintenance

[Rexlan]

My question involves the State of: Virginia -- Lee County

I purchased a home at the end of a ¼ mile road through a subdivision in 1996. The subdivision plat shows the road as a dedicated ROW as required by subdivision ordnance. The county says they are not required to maintain the road and VDOT says the road is not in their highway system. At the time of this subdivision in the 1970’s there were no construction standards but this road was well built.

The road was in very bad repair when I purchased my property in 1996 and required repair. I use the road about 3 time per week (I’m retired), the neighbors use it multiple times a day. The previous owner of my property built the road and paved it at his expense. No other party has ever made any contribution in 25 years.

I asked all of the adjoining property owners and one neighbor who uses the road for their access to contribute a proportionate share for the needed repair … they declined. I had to repair it myself at a cost of $16,000. This repair has lasted 14 years and is in good condition except where the neighbors travel it frequently. One neighbor drives heavy equipment on it.

The road is again in need of repair. I asked the adjoining property owners and users to contribute and they have again declined. The repairs this time will cost about $25,000.

My question is can I bring a suit against the other users and adjacent property owners to force them to contribute to the maintenance of the road? There is nothing in the deeds about maintenance, no homeowners association and no state statutes I can find. This is a rural farm area.

Would the principles of a usufruct apply and would the adjacent property owners and users be considered a usufructuary with a duty to maintain the road?

Thank You

 

[Dave1952]

I don't follow you. There is a road in a subdivision. Who owns and pays taxes on this land? I'm guessing that you do not own this road so I don't see how you can charge anyone for maintaining the road. Sorry, no usufruct. I'd bet that the County owns the land but find that out
As you know money is tight so no one wants to pay for this road. I think your best bet is to nag at the county folks. This will take a while.

 

[justalayman]

A subdivision is either built with the intent of the roadways remaining private or being dedicated for public use. You are one of the many that get stuck with what was supposed to be a public roadway but from some reason, was never dedicated as such so it now languishes somewhere between a public and private roadway. The problem with that is; unless there was something to require the users to pay for maintenance of the roadway, you cannot generally make them pay for repairs.

You can check, if you haven't already, the deeds to the properties (yours should be indicative of all the others though) to see if there is any such requirement somewhere in the creation of the subdivision to maintain the roadway. There are often encumbrances listed simply as "and other encumbrances of public record". It's those unspecified encumbrances that will get ya. If there is truly nothing there, you might ask the county if there is any way to make this a public roadway. Be careful what you ask for though. You might get it. That usually means an increase in taxes to maintain the road.

Other than that, it is likely you either live with the deteriorated roadway or pay for it out of pocket knowing that others will enjoy the use of it as well.

I am curious as to who is listed as owner of the roadway though. That might change things, depending on who is listed as owner.

 

[Rexlan]

justalayman
The road shows on the plat as a dedicated public ROW. There is nothing in the deeds about maintenance and nothing of record that I can find. The road intent is clearly for public use and shown on the original plat that was recorded.

VDOT was building a bypass and used the road to bring in machinery for core drilling. I objected and they promptly pointed out that the road was a public ROW and they intended to use it. I have that in writing.

The local county says they did not "accept" the road so they do not maintain it which is their normal posture about money.

My question was really since the county requires public ROW as a condition of subdivision then do they automatically accept them when the plat is filed? Case law to that effect I can not find. The subdivision regulations in the 70's were pretty skimpy as well.

Additionally since the adjoining property owner's are the majority users of the road how can I hold their feet to the fire to assist in the maintenance.

I tried 2 of the local attorneys ... pitiful.

Unfortunate we do not have those LA cases to work with!

 

[justalayman]

My question was really since the county requires public ROW as a condition of subdivision then do they automatically accept them when the plat is filed? Case law to that effect I can not find. The subdivision regulations in the 70's were pretty skimpy as well.

well, I know it's not really proper to compare one state to another but I know in my state, it isn't required for the county to accept the road as their liability. We went through that with a couple situations that sound quite similar to yours when a small sub was built with 4 roads coming off an already established county maintained road.

Additionally since the adjoining property owner's are the majority users of the road how can I hold their feet to the fire to assist in the maintenance.

I don't think you can. When they purchased their property, it wasn't part of their assumption of liabilities to maintain the road.


With the VDOT situation; there is a difference between a ROW and an actual road. A ROW simply is a right to utilize the designated land while a road is...well, it's a road.

if your PM's are open, I have some info that might be helpful.

 

[Rexlan]

Yes ... PM is enabled.

Your situation sounds like mine. I lost my West Law account so I can't do any case research and can find nothing on the Internet.

I suspect that this county is of the same opinion and unless they specifically accept the road then it is not theirs so to speak.

I agree that other property owners did not sign up for additional liabilities. Since this is their only access too it seems they should be liable to maintain that. Unfortunately, if I do it then they obviously won't and are getting a free pass. If I had a different access I would just let it go.

Thanks for the help ... looking forward to the information.