Legal Question in Real Estate Law in Pennsylvania

i live in a community in PA that has private, paved roads not being maintained because the developer died. His heir is his wife of 80 years old. the stepson used to take care of the roads when the developer was alive but stopped after his death. Could he be held responsible to continue the care of the roads?


Asked on 1/21/16, 12:20 pm

1 Answer from Attorneys

ANDREA G. TILLIS Law Offices of Andrea G. Tillis

Hi, and thank you for your question.

Normally, when a developer agrees to take care of, or maintain the roads in a development, that agreement and obligation is not in perpetuity and usually lasts until the last of the homes he built is sold. At that time, the developer will dedicate the roads to the municipality at which time, the municipality takes on the obligation of maintaining the roads. Neither the developer's wife or stepson can be held liable for the maintenance of the roadways in the community. If the developer did not make this arrangement with the municipality, it would be a good idea for you and the other homeowners in the community to retain an Attorney to negotiate with the municipality and draft the legal documentation by which the roads are dedicated to the municipality in that area. Only then will the homeowners be absolved of the liability of maintaining the roadways.

Best of luck,

ANDREA G. TILLIS

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Answered on 1/25/16, 11:59 pm


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