Legal Question in Real Estate Law in North Carolina

I live on a private road. A couple land owners decided to cut timber. The logging crew has destroyed the road. It would be extremely difficult for emergency vehicles to access the road. The land owner will not repair the road. What are my options?


Asked on 2/23/13, 7:23 pm

1 Answer from Attorneys

Sue the landowner and logging company?

I assume that because its a private roadway that all of the landowners adjoining the roadway are responsible for maintenance and such that each has to contribute his/her fair share for the work. However, here the road was damaged by someone else. The question though is going to be proving that the logging company was negligent in some way. There should have been a clause in the timber contract about them repairing any damage they caused. Was there?

I suggest that you and the other affected landowners get together, see what it will cost to repair the road and see whether it will be cost effective to hire one lawyer to represent all of you. The lawyer will start by writing to the landowner who hired the logger and the logger and asking for the road to be fixed. If not, file suit and in the suit the contract can be obtained through discovery and you will know what it says.

You will probably need a real estate lawyer or general civil litigation attorney.

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Answered on 3/01/13, 11:45 am


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