Are we legally bound to a road maintenance agreement when we never signed it and it was never recorded in the land records?

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Are we legally bound to a road maintenance agreement when we never signed it and it was never recorded in the land records?

We bought house 12 years ago. Never was given a copy of this non-binding agreement. Paid road bills as per old agreement. Have never been consulted about road work being done and have no voice in maintenance agreement. Agreement is prorated by length of road so we have been paying disproportionate share all these years.

Asked on January 11, 2012 under Real Estate Law, Vermont

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Good question. If you never signed a written agreement with respect to the road maintenance agreement that you are writing about and the agreement is not recorded on your property, you are not bound by it as a signatory or as an owner taking subject to the agreement when you bought the property you have.

However, if you have paid on this road agreement in the past, an argument could be made that your past conduct would obligate you to pay in the future with respect to this road agreement.

Legally, you are not bound to this road agreement by any signed document or recorded document.


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