Sharing a private street with your neighbors can be a great way to keep everyone calm – if you`re doing your homework. 2. The costs of a private road maintenance plan are divided between the owners of private street residences as well as the owners of private road facilities, the costs being allocated according to the use and utility for the beneficial dwellings, as agreed by the beneficiary owners or ordered by the court according to the method of distribution agreed by the court. , including, but not limited to sharing equal to or proportional to the value assessed for residential real estate, before shooting, use or utility. 5. Any agreement executed by all owners or the final approval of a maintenance plan for a private road is recorded with the district recorder of the deeds. In 2012, the Missouri General Assembly gave District Court judges the opportunity to develop common road maintenance plans in certain circumstances and adopted Section 228.369 of the revised Missouri Statutes. I wrote about the promises of this legislation when it was passed and I referred to some of its features and limitations. The first appeal decision of this statute was made, which indicates that court judges can exercise discretion: The case is Stieren v. Grothaus, which was taken in Jefferson County, Missouri, where Sugar Mountain Road drove from a public street 713 meters to the caress home. Subsequently, the Fordee Ridge Estates division was created and the sugar Mountain Road was expanded by 3,207 feet to allow access to the Fordee Ridge Estates parcels. 3. The court may apply the same procedures to determine the plan and distribution of costs and, subsequently, to establish a plan for the maintenance of a private road, as provided in this chapter, to establish or expand a private road, including the appointment and compensation of non-interested commissioners to determine the plan and the allocation of costs.
The court judge ordered that the Caress land be responsible only for the 713-foot portion of the street (which the appelglement opinion calls « entrance and hill ») while the landowners at Fordee Ridge Estates would be responsible for the entrance and hill and part 3207 of sugar Mountain Road (called « Subdivision Road »). Some owners of Fordee Ridge were dissatisfied with the court order and appealed, claiming that: 228,369.