In 2012, the Missouri General Assembly gave District Court judges the opportunity to develop common road maintenance plans in certain circumstances and adopted Section 228.369 of the revised Missouri Statutes. I wrote about the promises of this legislation when it was passed and I referred to some of its features and limitations. We now have the first appeal decision of this statute, which indicates that court judges can exercise discretion: many half-timbered houses are installed on land that is accessible only through a common private route. Sharing a private street with your neighbours can also weigh on the best friendships. Smoldering anger over private road maintenance contracts can lead to noisy struggles at neighbourhood meetings and even legal action. In one extreme case in rural Colorado, tensions were so high that neighbors threatened neighbors with gunpower. Showdowns in Hatfield and McCoy are rare, real estate experts say, but to avoid bad feelings – let alone potential complaints – it`s important to understand private street laws and understand what you`re getting into when buying land accessible through a common private street. Here we help you navigate the many possible pitfalls of private road ownership, including road construction, maintenance contracts, property costs, private road laws and access. 4.
If owners who benefit from the private road are unable to agree on the appointment of a supervisor to complete the maintenance plan, court-appointed commissioners appoint a review that will be compensated for their benefits in the same way as the commissioners. The case is Stieren v. Grothaus, which was established in Jefferson County, Missouri, where sugar Mountain Road drove from a public road 713 yards from the caress house. Subsequently, the Fordee Ridge Estates division was created and the sugar Mountain Road was expanded by 3,207 feet to allow access to the Fordee Ridge Estates parcels. 6. One or more owners or owners of private road facilities may sue to enforce the maintenance plan for a private road, whether agreed or ordered by the court. 2. The costs of a private road maintenance plan are divided between the owners of private street residences as well as the owners of private road facilities, the costs being allocated according to the use and utility for the beneficial dwellings, as agreed by the beneficiary owners or ordered by the court according to the method of distribution agreed by the court. , including, but not limited to sharing equal to or proportional to the value assessed for residential real estate, before shooting, use or utility. 228.369. 1. For any private street subject to the use of more than one owner, in the absence of a prior order or written agreement on the maintenance of the private road, including agreements included in government or local deeds or authorizations, which provide for the maintenance of a private road when adjacent owners benefiting from the use of an adjacent private road, or owners who have relief to use a private road , collective owners or beneficial owners are unable to agree in writing on a maintenance, repair or improvement plan for the private road, including the assessment and allocation of maintenance plan costs, one or more of the owners may apply to the circuit court for an order to establish a maintenance plan.
Sharing a private street with your neighbors can be a great way to keep everyone calm – if you`re doing your homework. The Court of Appeal noted that the language of Section 228.369.2 gives the court the power to allocate road maintenance costs “based on the use and utility of access-assisted housing” by different methods, “including, but not only, on the same pensions.