Mooresville North Carolina Subdivisions - Frequently Asked Questions Series By Denyse Naylor Mooresville NC Realtor

The final topic of discussion in the Mooresville North Carolina Subdivision series will talk about the Common Areas in Subdivisions and what a homeowner needs to know about Common Areas.

Who owns the roads in a residential subdivision or a planned community?

Unless the roads have been dedicated to use by the public and formally accepted by the appropriate government agency, neither the state nor any public agency owns legal title to the land over which a street runs. In cases where the developer has retained title to the streets, in cases of lot lines bordering the edge of the street, the developer is liable under state law for erosion control and also for possible civil damages if an injury resulted from lack of maintenance. This is true even after all lots have been sold.

Will I know who is responsible for the roads before I buy a home in a Mooresville North Carolina subdivision?

Not necessarily! Since 1975 developers have been required to give the first purchaser of property in the subdivision a Subdivision Street Disclosure Statement containing important information about road ownership and maintenance responsibility. The application of this law is very limited so it is important that you ask your Mooresville NC Realtor to inquire into the status of the roads in the subdivision and to find out who is responsible for their maintenance.

How would a homeowner know which of the common areas in a subdivision are reserved for use of all of the homeowners?

The common areas will be specified in th recorded plat map of the subdivision. Even if the developer retains title to the common areas or conveys them to some other entity these areas cannot be used for any other purpose outside of the original recordation intent ( walking trails, lakes, recreation areas, etc.). All homeowners in the subdivision have the right to use the common areas for their specified purpose.

This concludes the series on Mooresville North Carolina Subdivisions! The information in the series was provided by the North Carolina Real Estate Commission. Please call me with any questions at 704-363-6946 or email me at Homes@TheNaylorTeam.com . For all of the information you need on Mooresville NC Real Estate just click on the link!