Legal Question in Real Estate Law in North Carolina

I live on a 1/8 mile dirt road which is privately owned, and used by 8 separate property owners. Our deeds say "Owners...agree to pay their pro-rata share of road maintenance costs for upkeep of the private roads used to access the property conveyed herein". There is no other agreement on road maintenance in place.

Recently one of the property owners decided on his own initiative to have his friend spread about 4000$ of gravel on the road. He did inform some of the owners the day previous, but other owners were not informed. No one asked for this work, and at least 3 of the owners did not want it. I specifically told him before the gravel was spread that I didn't want it, and would not pay for it.

He went on to have about 9 truckloads of gravel placed on the road at a billed cost of about 450 dollars per truck, adding about 6 inches of gravel to the road when 1 or 2 inches is all that is customary. I have other estimates that current charges are running about 370$ per truck in the area.

I refused to pay based on the unnecessary, unrequested, and unauthorized nature of the work, and the wasteful amount and unreasonable cost. He sued me in small claims court and won, mainly because the magistrate cared about nothing but the deed.

I am thinking of appealing but need to know a couple of specific legal points.

Question 1: When does this general obligation to contribute transform into a specific obligation? Does the work need to be necessary, requested and authorized before it is done?

Question 2: As worded in the deed "pro-rata", does this mean equal shares between the 8 owners, pay according to the amount of road used, or something else?

Question 3: When a job is done for almost 4000 dollars and the normal cost would be about 1500, is there some provision in law for relief against these seemingly abusive and predatory practices?

Thanks, GM in NC


Asked on 2/26/14, 9:54 am

1 Answer from Attorneys
Kenneth Love Ken Love Law

1. The obligation would rise based on necessity.

2. Pro rata is dividing based on the number of people involved. So you owe a 1/8 share based on 8 owners for necessary repairs.

3. You have to defend and put on evidence that the prices were outrageous and that you didn't approve them. While your approval wouldn't always be needed, if they want to overpay, they need to get it. Make sure you bring estimates and other evidence to support your claim.

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Answered on 2/27/14, 3:53 am


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