QUESTION
Can I hold them responsible for my car's damage because I can't afford to move or kept paying the cost of them not wanting to fix their property?
Asked on Jan 16th, 2013 on Landlord and Tenant Law - North Carolina
More details to this question:
I recently moved down a private dirt road. The rules are everyone is suppose to keep their part of the road up. One property owner owns 2 acres of the road and the road id very damaged. My car is getting damaged driving on her section of the road because of the sunken holes and bumps. The road is so bad that I have had to replace tires and had to get an alignment on my car. I have complained several times about my car and they have yet to fix their property.
2 ANSWERS
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You can speak to a real property attorney about enforcing the agreement. For the agreement to be valid, it would need to be in writing in a contract or in the deeds granting ownership to the land. Without this, you will have a very difficult case. Further, because you know the road is damaged, the law places a duty to mitigate (minimize) your damages. You will be expected to slow down, use caution, and take other steps to limit your damages as much as possible.
Answered on Jan 21st, 2013 at 1:25 PM
Do you have a recorded easement? If so, you can force the property owner to maintain the easement.
Answered on Jan 21st, 2013 at 1:25 PM