Easement Road Maintenance Agreement
Unless amended, it is both the creation of the unit and the adoption of statutes that require the signature of all landowners who wish to become members of the association. In other words, only those who join the association are bound by its rules and regulations. Even if not all owners join, an association can still be useful in imposing existing alliances against non-members. The association can also be useful in enforcing the legal obligation of owners to contribute to the maintenance of private roads. If a group of people agree on maintenance, it may work well with a limited number of participants, but the larger the group, the more difficult the process. In previous blogs, we have looked at the difference between a private street and a relief, the new New Hampshire law, which requires private maintenance of residential streets in certain situations, and what should include private road maintenance contracts. While an agreement is an important step, the creation of an association can significantly simplify the management and application of private road maintenance contracts. We often see these cases. The theory of facilitation by necessity or facilitation by involvement began from the ground up that a property is really closed internally and that there is no access to a public road, because the land is surrounded on all sides of private property and therefore access is necessary to reach a public road.
These cases were easy to decide because the maps and investigations clearly did not provide any real access. But over time, the lack of direct access to a public road has turned into a theory that there is no reasonable access. That is, the property is close to a public species, but some sort of geographical issue complicates access; That is, a stream (not impossible to cross, but incredibly expensive to get the necessary permissions to cross) or a steep slope or a degree that requires so much excavation work that it is not practical. This line of legal argument, which requires proper access, can transform the landscape in terms of legal facilities regarding real estate. Delinquent landlords can be the biggest headaches with private maintenance of the road.