Legal Question in Real Estate Law in Washington
Road Maintenance
We own one road that serves
our parcel and we have a
second (easement) access as
well. We'd like the other two
parcel owners who have
rights to use the road we
OWN to share the
responsibility to maintain it.
There is no agreement.
We'd like an agreement
which requires costs to be
shared in proportion to use,
and requires damage caused
by heavy equipment or
logging trucks to be repaired
by the relevant party. Would
such an agreement gain us
anything over relying on the
relevant existing law?
1 Answer from Attorneys
Re: Road Maintenance
Yes, it would. You are describing a covenant to repair a shared easement.
The law will assist you, but you are better off having a specifically drafted agreement between all users.
Easements and covenants "run with the land", which means that if an owner sells a parcel, his buyer takes on the same conditions as part of the purchase and sale.
State laws are generic; sometimes require caselaw to enforce if you don't have a writing. That's expensive, time consuming and the results are not guaranteed.
Hope this helps. Powell
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.
