We have a small private road with 9 properties build in 1970. We have no HOA. No one is seeded to the road. A couple of the neighbors are hard to deal with. Out of the 9 houses only 4 are year round. The other 5 are only occupied on weekends in the summer. Our road is in desperate need of repaving. We are not even able to find someone to plow anymore. Because it is so bad. Can we force the neighbors to contribute to the repaving?
You should have a lawyer examine the title to the road to see if an obligation to maintain the road was created. If not you can't force them to pay. However the town can repair the road and require all property owners on the road pay for the repairs.
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Chances are each owner owns their part of the road and every owner has an easement right to use it in their deed. If the other owners are not agreeing to maintain the road in such a condition that you can use your easement, they may be able to be legally forced to conduct and pay for repairs. Without taking your real estate documents (deeds, plot plans, etc.) to an attorney to review, it's hard to say.
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
You can form a road association and fix the road (and lien non-paying owners) but you'll probably need more than 4/9 of owners to do so.
Call a local attorney.
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This requires a real estate attorney to review the title and determine if there is any such obligation in the recorded documents, deed, easement, etc. If there is, then that attorney can advise you about how to best enforce that obligation.
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