General estimates are provided to participating municipalities to ensure that their current agreements can bear the costs. It is apparent from the above cases that the determining factor involving the obligation to maintain or repair a private roadway as a whole, and not just the party directly related to the property of the individual owner, is the existence of an agreement between the owners to assume such liability. The applicant argues that such an agreement exists in this case. We will respond to the complainant`s assertion by examining the specific language of the alliances involved. HB 523, as amended on September 24, 2019, attempts to clarify the requirement for a person to pay for the maintenance of a common private road. If you have examples of the impact of private road maintenance contracts on your customers, please send them to PAR using the form below. We do not find the 1968 agreement as clear as the first instance. Part of the 1968 alliance was that the municipality would not only fortify, pave and reduce the roadway, but also remove and replace shady trees along Avon Road. It is certainly possible, even if the agreement itself is not clear, that the removal and replacement of the trees do not end on the roadway itself, but on the land adjacent to the road. With this provision in mind, the importance of “the obligation for the landowner to make future repairs” becomes less certain. Although “repairs” normally have the connotation of work with the surface of the roadway itself, it is possible, under this agreement, that the word refers to a broader area of activity that would encompass the maintenance of the area adjacent to the roadway, particularly as it concerns the removal and replacement of trees. It is also possible to interpret “trees” to include vegetation, such an interpretation being based on facts outside the language of the agreement. Any user of a private street has the right to take civil action against other users in order to force them to pay their fair share of road maintenance.
Nor am I convinced that practical and legal considerations require summary judgment. If the property in question is subject to the contract and subsequent agreement, the authorization to enter the country to fulfill the obligation is necessarily implicit in these agreements. In addition, there are appropriate remedies to enforce the federal government and agreement by a reluctant real estate owner. During the appeal process, the Tribunal found that Borgel`s provision, which limits the maintenance and repair obligation to the part of the private road located or is on the landowner`s property, is limited to situations where there is no contrary agreement between landowners. Mscisz v. Russell, supra, 338 Pa. super. At 40, 487 A.2d at 840. In Mscisz`s action, the court found that each adjacent owner had an alliance in its act that required the owner to be subject to “the proportionate portion of the costs of respecting this aisle in order and in reparation.” Id., 338 Pa. Superior Ct.