Is replacing pipe under right of way portion of the driveway (ordered by association) my responsibility or my neighbors who sold me right of way?

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Is replacing pipe under right of way portion of the driveway (ordered by association) my responsibility or my neighbors who sold me right of way?

I have right of way reserved in the deed of my cabin in WV. Assosiation is asking to remove old 10″ drainage pipe under the paved driveway tht flls into right of way and replace it with new bigger in diameter 12″ pipe. They asked me to pay for the pipe and new pavement. Would this expense be my responsibility or my neighbor’s who sold me this right of way?

Asked on August 15, 2012 under Real Estate Law, West Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since you now own this right of way that you have written about and it benefits property that you own, then you are obligated under the laws of all states to pay for the desired repairs and/or upgrades unless the presumed recorded right of way states otherwise.


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