Location: Pennsylvania
I have a residence in Pennsylvania accessed by a private road owned by a neighbor and used by 5 homes including mine and the road owner. Recently, I received a letter stating that the owner was planning to have the road resurfaced and that the costs were to be split between myself, the roadway owner, and one other home owner, leaving out the other two.
The basis for the cost split is an an agreement that was signed 36 years ago by previous property owners. That agreement was drafted by a developer to assign maintenance responsibility for the private road since the township would not take it over. Per the agreement, the cost of all maintenance (including winter snow removal) was assigned equally to two of the properties, referred to only by lot number on the original subdivision plan.
My deed, which pre-dates the maintenance agreement references a “future” private right-of-way in relation to the property line, but nothing else. This maintenance agreement was not known to me prior to my neighbor’s letter and was not included in any of the documents included with my purchase of the property.
I have a few issues with this agreement. First, it assigns me (assuming the lot# referenced in the document is mine) financial responsibility for a shared easement on property which I do not own. Second, the assignment of responsibility for maintenance costs runs counter to to provisions in the PA General Road Law which state,
“A private road shall be opened, fenced and kept in repair by and at the expense of the [person or persons respectively] property owner at whose request the [same were] private road was granted and laid out, and by [their] the property owner’s heirs and assigns. (b) Each property owner that shares a common benefit from a private road shall contribute in proportion to the amount of the private road utilized to the cost of maintaining the private road at the current level of improvement…”
Do I have any standing to assert that this agreement is invalid and that State Law should govern the cost of maintenance for the shared road? This neighbor has been difficult to deal with over the years and I am concerned that acting in accordance with this agreement could subject me to future expenses assigned as he sees fit and ending up with court expenses if I refuse.
I do have a lawyer consult scheduled through an employee legal benefit for the end of the month. I am researching this to understand the issue better to help guide my consultation with the lawyer.
Comments
Did you obtain an Owner’s Title Insurance Policy when you bought the property? If so, you may wish to reach out to them for a discussion.
The lender should have their own title insurance policy.
Do you know how to contact the sellers of the property?
Did you just purchase this property? When you say your deed pre-dates the agreement (which you say is 36 years old), are you referring to your ownership pre dating or the recorded right in your chain of title?
I second the other commenter that you need to reach out to your attorney who needs to review or inquire with title company (hopefully you bought an owners policy), and inquire as to any exception for costs and maintenance as to the right of way and/or if the policy insures you as having access, if that access is via a public road (in error) or via a private right of way, and if there’s any coverage for loss or lien for maintenance etc.