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I realize that the likely answer some will give is "contact an atty", which eventually may happen, but I want to see if anyone has run into a similar situation with a road or bridge before and what the result was.
There are two pieces of land that are off of a rural state road, that are accessed over a 10' stream via a homemade bridge that was built 50 years ago. The property line for the lots is directly down the center of the bridge. There is no existing agreement in place for maintenance of the bridge, and one of the owners does not use their lot - it sets empty while the other has a small cabin on theirs.
Damage has been caused to the bridge due to flooding to the point where it has to be rebuilt. The cost to repair is very high, but about half the cost of building new. Do both property owners have to pay to repair the bridge? Or if one pays to repair it - can they file a lien against the other property so that if it sells they have to reimburse for their share of the cost if it eventually sells or a building permit is issued for it?
The property owner who has the cabin wants to repair, while the other one doesn't. I think the cabin owner may be on the hook for the whole thing ... but wanted to ask the experts here...
I don't see how, without an agreement, you could impose a lien that would hold up, but that would be a question for an attorney who has seen the wording on the deed and has actually researched and done a title search looking for old documents. My hunch is, if there is no agreement to repair, then there's no agreement to repair.
If the damage was caused by flooding, would it be covered by insurance?
I doubt you can force the other owner to pay half the cost. And since you are really the only one benefitting from the bridge, it may just be the right thing to pay for it's repair.
There are two pieces of land that are off of a rural state road,
that are accessed over a 10' stream via a homemade bridge that was built 50 years ago.
How long has each of the CURRENT owner/family been there?
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Do both (PRIVATE) property owners have to pay to repair the bridge?
You don't expect the County to pay for it. Right?
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The property owner who has the cabin wants to repair, while the other one doesn't.
Does each have the spare change required? $50,000?
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I think the cabin owner may be on the hook for the whole thing ...
I think the one who NEEDS an operable bridge is on the hook.
As to law I suspect the local (as in that COUNTY Circuit Court) case law has already crossed this bridge (so to speak).
Maybe if the vacant lot owner isn’t interested in forking over anything, cabin guy should rebuild the bridge entirely on his property. That’ll teach him.
Maybe if the vacant lot owner isn’t interested in forking over anything, cabin guy should rebuild the bridge entirely on his property. That’ll teach him.
That's what I was thinking. Get your road or dozer guy to look at it first, and see if you can build a new crossing just enough to the left or right to be totally on one property, and not down the middle. If the road guy says it's doable, then go to the other owner, let them know how much to repair, and let them know if they don't want to spend it, you will build a new bridge for yourself.
One thing that may enter into all of this, is the associated numbers. We don't have any idea if you're talking about a $10,000 repair, or a $100,000 repair. Below some level, the costs don't matter (just do it), above some number you need to have a plan.
That's what I was thinking. Get your road or dozer guy to look at it first, and see if you can build a new crossing just enough to the left or right to be totally on one property, and not down the middle. If the road guy says it's doable, then go to the other owner, let them know how much to repair, and let them know if they don't want to spend it, you will build a new bridge for yourself.
One thing that may enter into all of this, is the associated numbers. We don't have any idea if you're talking about a $10,000 repair, or a $100,000 repair. Below some level, the costs don't matter (just do it), above some number you need to have a plan.
I realize that the likely answer some will give is "contact an atty", which eventually may happen, but I want to see if anyone has run into a similar situation with a road or bridge before and what the result was.
There are two pieces of land that are off of a rural state road, that are accessed over a 10' stream via a homemade bridge that was built 50 years ago. The property line for the lots is directly down the center of the bridge. There is no existing agreement in place for maintenance of the bridge, and one of the owners does not use their lot - it sets empty while the other has a small cabin on theirs.
Damage has been caused to the bridge due to flooding to the point where it has to be rebuilt. The cost to repair is very high, but about half the cost of building new. Do both property owners have to pay to repair the bridge? Or if one pays to repair it - can they file a lien against the other property so that if it sells they have to reimburse for their share of the cost if it eventually sells or a building permit is issued for it?
The property owner who has the cabin wants to repair, while the other one doesn't. I think the cabin owner may be on the hook for the whole thing ... but wanted to ask the experts here...
Either way, consult an attorney or build your own bridge.
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