There are twelve houses that share a private road that has fallen into serious condition. We have a road maintanence agreement made twenty years ago and the original signees are gone except one. We recently met and decided to assign the cost of repair on use. All agreed except one family that insists on splitting the cost equally even though it will cost them $500 more than the original cost.
Can we amend the original agreement to the new way if eleven of the homeowners want to do that except one, or are we relegated to paying equal shares?
Incidentally, I am paying the most but want to do what is fair for everyone.
2 Answers from Attorneys
There is no way to answer this without reviewing all relevant documents, particularly the old agreement and any covenants or other recorded deed provisions that might affect it, including any easements.
The provisions in the deed and the original agreement will govern this situation. It may be possible to make the change under the description you provide, but one would need to see all the relevant documents to say for sure. Take everything to a local real estate attorney.