Is there a timeframe in which an amendment must be done to a road maintenance agreement is the names of the roads changed? 5 Answers as of February 18, 2013

My husband and I purchased our home in 2010. We asked the Realtor if any association fees were attached and were told "no". We were sued in 2012 by a Road Maintenance Association that was supposedly formed 20+ years ago for money to repave our road plus snow removal. Our road is currently a state road but listed as a HARP road with low priority. The judge ruled in our favor because the name of our street did not match the association's original agreement. We recently found out that our road's name was changed in 2007 from what the association agreement said originally to what our deed says now. We are being taken back to court over this and they are arguing that the name of the road does not matter. Shouldn't there have been some kind of amendment done to their agreement back when the name of the road changed? Is there a statute of limitations on that kind of agreement? Please help. Thank you.

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Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You are not going to get a quick answer to a complicated real estate matter. You need to get the best real estate lawyer you can find to sort this out so it makes sense and then act accordingly. I suspect you will pay whatever it takes to maintain the road and you may, MAY, have a claim against the Realtor or someone else (title searcher) who misinformed you or falsely informed you about the road. The road is there. Everybody should have seen it and know the deal.
Answer Applies to: North Carolina
Replied: 2/18/2013
S. Joseph Schramm | Joseph Schramm
They do have an argument can probably refile the suit if the judge dismissed the case simply because the name on the agreement is incorrect. The will probably file what would be a complaint stating the name of the street then and now. Whether or not they prevail in their suit is another matter and probably depends on facts that are not included in your summary. Does this association still provide road service or did it stop after the road became a state road? If they no longer service the road, are the fees sought by the association for years past when the prior owner were there. If so, how long. If the Association is still providing services does the agreement require them to perform a certain minimum amount of maintenance and repair. Is the agreement a covenant running with the land ( i . e . an agreement that binds all the owners signing the agreement as well as future owners of the property). If so, is there a limit on the amount of time it is supposed to last. Can future owners such as yourself opt out of the agreement if it is not a covenenant running with the land. Whether or not there would be any applicable statute of limitations and how long it would be would also depend on the answers to some of these questions. You probably should invest some time having an in-depth consult with counsel to examine the agreement and the facts more closely.
Answer Applies to: Pennsylvania
Replied: 2/18/2013
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
This is a difficult question to answer without knowing the state, county and/or city and town. There is no blanket or general answer to be given.
Answer Applies to: Iowa
Replied: 2/18/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
When the agreement was set up was it a State Road. If it became one later then maybe that cancels the agreement since the State is now liable. I don't think it may legal for a private entity to maintain a public road.
Answer Applies to: Michigan
Replied: 2/17/2013
Frank Law Group, P.C.
Frank Law Group, P.C. | David E. Frank
If in CA, yes. There is a 4 year statute of limitation. That means they can't recover amounts unpaid which are more than four years old from the date they file the lawsuit. Also, under the doctrine of res judicata, if they already sued and lost, they can't sue again to recover what they were trying to recover from you in the first lawsuit. Hope that helps.
Answer Applies to: California
Replied: 2/17/2013
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