Potential Liability Problem
40 years ago a bulldozer cut a road at about a 30% grade, pretty standard for here.
A few years later as lots were being sold this was discovered to be partly on the wrong property, maybe by up to 100′.
A new Right of Way was created to relocate the road, but it was at about a 55% grade.
So about 25 years ago a new road was cut half way between the old road cut and the newer R.O.W. It’s still on the wrong property and is at a 40% grade. It is now paved and is the only access for about 4 houses and about 10 vacant lots.
I located the road a few years ago and put a note on my survey –
“The Concrete Road Shown on this Survey is at a Grade Exceeding 40% and therefore is unsafe for vehicular use.”Now the lawyers have finally gotten all the property owners to agree to the terms of creating a new R.O.W. where the concrete is. They want me to produce the map to record.
I’m concerned about the liability of creating a road that surely someone will die on.
I’m also uneasy about the ethics.FWIW, this is not the steepest road on the island, but it’s close.
What would you do?
Don’t worry about it?
Talk to a lawyer?
Talk to your insurance carrier?
Charge extra for the liability?
Just say no?
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