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gilbertrodgers · Mar 5, 2013, 02:47 PM

We live on a private road which is in desperate need of repair, part of this road been used by a business park and another farming company. The road is so dangerous of pot holes you cannot drive down one side. If a motorbike hit one of these holes I dread to think what would happen. One of the owners will not pay for the repair. How can we make them do these repairs before it takes a life . Thanks

LisaB4657 · Mar 5, 2013, 02:58 PM

If the road is private then hopefully the deeds of the properties along the road make some mention of responsibility for repairs. Is there anything like this in your deed?

If there is no mention of the repair responsibilities in any deeds then your only option will be for someone to make the repairs and sue the other property owners for their share of the cost.

joypulv · Mar 5, 2013, 02:58 PM

You form a private road association. You get the other owners together, draft a set of terms and how they are paid for (either yearly dues or assessments as work is needed), and take the reluctant party to court for being a hazard. It may be a tough battle after the fact, and you might need a lawyer. And if he still refuses to chip in, you finally file a lien on his property, and he might not care about that either, if he plans to live there until he dies.

AK lawyer · Mar 5, 2013, 06:09 PM

Originally Posted by joypulv

You form a private road association. You get the other owners together, draft a set of terms and how they are paid for (either yearly dues or assessments as work is needed), and take the reluctant party to court for being a hazard. It may be a tough battle after the fact, and you might need a lawyer. And if he still refuses to chip in, you finally file a lien on his property, and he might not care about that either, if he plans to live there til he dies.

I'm not sure that OP could force him to join. It depends on how the "private road" was created and, possilby on state statute. But without being told differently, I am assuming that each property along the road is subject to an easement for a road, belonging to the other owners. If that's the case, it might be difficult finding statute or case law requiring everybody to contribute.

The "reluctant party" is not a hazard. The road is, we are told. So OP, and whoever else wants to voluntarily chip in, might need to shoulder the burden of fixing it.

And I don't think OP can file a lien without first getting a judgment. .