Private road maintance agreements
cynandjon
14 years ago
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creek_side
14 years agolast modified: 9 years agosweeby
14 years agolast modified: 9 years agoRelated Discussions
Part 2 Adventures of Gomer & Margie (Story Using TV Shows)
Comments (3)Haahahahaa! Karen this is SO funny. I'm bursting into laughter reading these posts again, and remembering writing and reading them at the time. Well done! And my favourite part about Martha Stewart dropping in with her dish towel parachute!!! WAY too funny!...See MoreDid I get a Lemon?
Comments (27)It goes to arbitration. Many companies are now using arbitration clauses to limit the need of class action lawsuits. Class action suits don't do much for you anyway. Unless of course if you are a lawyer. I copy and pasted arbitration information below. You can click the link for the official document and then scroll to the Arbitration clause. Warranty Documents and Arbitratration Clause Where Can Any Legal Remedies Be Pursued? ARBITRATION CLAUSE. IMPORTANT. PLEASE REVIEW THIS ARBITRATION CLAUSE. IT AFFECTS YOUR LEGAL RIGHTS. 1. Parties: This arbitration clause affects your rights against Goodman and any of its affiliates or employees or agents, successors, or assigns, all of whom together are referred to below as “we” or “us” for ease of reference. 2. ARBITRATION REQUIREMENT: EXCEPT AS STATED BELOW, ANY DISPUTE BETWEEN YOU AND ANY OF US SHALL BE DECIDED BY NEUTRAL, BINDING ARBITRATION RATHER THAN IN COURT OR BY JURY TRIAL. “Dispute” will be given the broadest possible meaning allowable by law. It includes any dispute, claim, or controversy arising from or relating to your purchase of this heating or air conditioning unit, any warranty upon the unit, or the unit’s condition. It also includes determination of the scope or applicability of this Arbitration Clause. The arbitration requirement applies to claims in contract and tort, pursuant to statute, or otherwise. 3. CLASS-ARBITRATION WAIVER: ARBITRATION IS HANDLED ON AN INDIVIDUAL BASIS. IF A DISPUTE IS ARBITRATED, YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US OR WE AGAINST YOU, OR AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY. YOU AND WE ALSO WAIVE ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. 4. Discovery and Other Rights: Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit. This applies to both you and us. Other rights that you or we would have in court may not be available in arbitration. Please read this Arbitration Clause and consult the rules of the arbitration organizations listed below for more information. 5. SMALL CLAIMS COURT OPTION: YOU MAY CHOOSE TO LITIGATE ANY DISPUTE BETWEEN YOU AND ANY OF US IN SMALL CLAIMS COURT, RATHER THAN IN ARBITRATION, IF THE DISPUTE MEETS ALL REQUIREMENTS TO BE HEARD IN SMALL CLAIMS COURT. 6. Governing Law: For residents of the United States, the procedures and effect of the arbitration will be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) rather than by state law concerning arbitration. For residents of Canada, the procedures and effect of the arbitration will be governed by the applicable arbitration law of the province in which you purchased your unit. The law governing your substantive warranty rights and other claims will be the law of the state or province in which you purchased your unit. Any court having jurisdiction may enter judgment on the arbitration award. 7. Rules of the Arbitration: If the amount in controversy is less than $250,000, the arbitration will be decided by a single arbitrator. If the amount in controversy is greater than or equal to $250,000, the arbitration will be decided by a panel of three arbitrators. The arbitrator(s) will be chosen pursuant to the rules of the administering arbitration organization. United States residents may choose the American Arbitration Association (1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org), JAMS (1920 Main Street, Ste. 300, Irvine, CA 92614, www.jamsadr.com), or, subject to our approval, any other arbitration organization. In addition, Canadian residents may choose the ADR Institute of Canada (234 Eglinton Ave. East, Suite 405, Toronto, Ontario, M4P 1K5, www.amic.org). These organizations’ rules can be obtained by contacting the organization or visiting its website. If the chosen arbitration organization’s rules conflict with this Arbitration Clause, the provisions of this Arbitration Clause control. The award of the arbitrator(s) shall be final and binding on all parties. 8. Location of the Arbitration Hearing: Unless applicable law provides otherwise, the arbitration hearing for United States residents will be conducted in the federal judicial district in which you reside or, for Canadian residents, in the province in which you reside. 9. Costs of the Arbitration: Each party is responsible for its own attorney, expert, and other fees unless applicable law requires otherwise. Goodman will pay your share of the fees charged by the arbitration organization and arbitrator(s) beyond the first $200. Where permissible by law, you may be required to reimburse Goodman for the fees of the arbitration organization and arbitrator(s) in whole or in part by decision of the arbitrator(s) at the discretion of the arbitrator(s)....See MoreOwn Land but No Paved Road?
Comments (11)Sounds like there is definitely an easement involved since you will have to traverse the part of the gravel road that is on someone else's property to get to the piece of land. We had a similar issue when we built, but our property was the first on the easement. None the less, there were still issues with the easement. Needing to accessing the road just because you own land that you want to get to doesn't mean you have the legal rights to you use. You need to verify your rights to use this access. I know it sounds crazy, but some land locked lots have no access unless it is given by the owners of the entire easement. It can be achieved if everyone is in agreement with the terms and once it's legally given it carries forward with the land forever. There are also can be differences between what is classified as a gravel 'driveway', even if it looks like a small road and what is actually a private road. In our area an 'C' grade gravel 'driveway' is approved for one home, two homes a 'B' grade gravel road which is wider and more substantial, anything over three houses requires a grade 'A' paved road. In some areas, unfortunately, the cost of doing this improvements if not a city or county road usually falls on the home owner of the new home, unless you can get the others to pitch in. These things can all be learned at the government office that regulates the area; it may be in the jurisdiction if it's not in the city limits. You should also verify utilities with the government office as well. Make sure to determine if the land was perked, if you will get your water from a well. If it wasn't perked, get it perked before you agree to take the land over. If the land perks you will know how many bedrooms you can build which is the measure for how much water the land can reasonable produce. I would also advise having a builder look at the land before you make final arrangements. They can give you an idea of how buildable the land is and what kinds of extra costs you may run into to change the grade, remove trees, boulders, etc....See MorePrivate Road Agreement Process
Comments (31)Even if the family lots were divvied up informally, when they were sold, buyers look at things like permits, access, etc before plunking down a chunk of money, especially if a mortgage is involved. Again, our experiences differ. In fact, I am not sure I have ever seen a buyer do their due diligence on their plot. In my experience easements and right of ways that are not recorded are not unusual, I would venture to guess that a significant amount of undeveloped and developed rural land in Kentucky has unrecorded easements and right of ways. It is simply the nature of a somewhat depressed rural area with so much running water. It is not unusual to see one private bridge over a creek with half a dozen plots using that bridge and no one have an official right of way recorded. This even occurs when properties have direct access to public right of ways. Everyone uses the bridge because building your own bridge is expensive, so every once in a while one of the houses will get down there and repair or rebuild it and no one worries about it....See Morecreek_side
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