Shared Road Agreement

[Cameron Sume]

The duplex my wife and I own has a shared road agreement between our property and the 4 other houses. The agreement states that all must “share in the cost of the maintenance and repair… to its original conditions”.

The road is a gravel road and has since developed numerous potholes in a variety of sizes. The road is clearly in need of repair and we have offered to pay for the repair ourselves. All owners have agreed to pay except for one. They stated that fixing the road will cause their house to flood and they like the potholes because they serve as speed bumps to slow cars down.

Are we allowed to fix the road despite their disapproval?

Should we speak with a lawyer? If so, which kind of lawyer? We live near Olympia WA if anyone has good recommendations!