Legal Question in Civil Litigation in Pennsylvania
Road Maintenance
We purchased our property Sept 2001. While deciding if we wanted the land, the seller told us that he maintains the private lane we would use to access our property. At our closing we again heard he, the seller, maintains the road. At the end of the closing the seller produced a maintenance contract for the road which simply states that he and the buyer would share equally in the cost of maintenance of and repairs to the private roadway.
Based on the condition of the road at the time of purchase of the land, and, on his verbalizing how he has kept the road we agreed to sign the maintenance agreement.
The maintenance is not happening. The road is so washed out from rains and currently is so icy we are afraid to drive down.
Today, with talking to our township, I learned that he has an agreement with them to maintain the road to keep it private or maintain it until the township takes over it, which, they said would never happen due to the terrain.
What recourse do we have? He withheld this information from us, makes no reference to it in the road maintenance agreement which he managed to slip in at the last minute nor did he ever disclose this to any of us. All we heard was I do this, and I do that, me, me, me!
2 Answers from Attorneys
Re: Road Maintenance
Why did you sign the agreement if it was after closing?
If he has an agreement with the township, get a copy of the agreement. You need to have an atty review the Twp. agreement, and the agreement you signed, then demand he maintain the road. If he does not comply, then you file suit to compell him to do so (specific performance). Since you signed the agreement, there is a chance that you may have to pay a portion of the maintianance, however if there was no additional consideration to you, you may be able to avoid this payment. You may also want to consicer hiring someone to maintain the road, and sue him for the cost.
Get an atty. to review this.
Good luck.
Kevin J. Begley
Re: Road Maintenance
You should consult a lawyer immediately. If the mainenance agreement says that he is equally responsible for upkeep and maintenance, he should abide by the agreement. As for not telling you about the agreement with the township, that might be fraud, and could be the basis of damages. Under Pa. law, any material fact concerning the value or condition of the property must be disclosed by the seller. If this wasn't done, you may be entitled to damages.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
