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Private Road Maintenance Agreement

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A private road maintenance agreement is essential to banks and mortgage companies who require a copy of a recorded contract to lend a property on private road, but this varies depending on the lender and the specific property. The legal document specifies who will maintain the particular road or manage its finances. The road maintenance agreements vary by jurisdiction. It is advisable to consult with legal attorneys before signing the document. Private roads are the ones the state or the government does not maintain. They are looked after by homeowners, property owners, organizations, or another separate entity.

What Is a Private Road Maintenance Agreement?

A private road maintenance agreement plays a significant role in ensuring the maintenance of private roads by assigning tasks to their respective owners. The legal contract and its associated proceedings enable the repair and improvement of all private roads on time. Most mortgage companies require a homeowner seeking to buy a property using a private road to have a legal document in place. The document details how the private road belonging to a community is maintained and the individuals responsible for maintaining it.

The agreement consists of two parts. The first part is an agreement detail about what work needs to be done, how long it will take, and who will take the responsibility. The second part comprises the payment stipulations from a homeowner or an association for repair work and maintenance. However, there are local or state regulations in place regarding the development and maintenance of private roads. Each private road maintenance agreement is unique and varies depending on specific requirements.

What Are the Factors to Consider for the Private Road Maintenance Agreement?

Individuals and organizations must consider several factors when forming a private road maintenance agreement. Here is a list of the considerations to note during the process:

  • Requirements of the Mortgage Company

    The first thing to consider is the expectations and requirements of the mortgage company. The concerned individuals must analyze the terms of the agreement and check what the company is asking for concerning road maintenance. They will have to qualify according to the terms to finalize the road maintenance deal with the company.

  • Budget Requirement

    Another consideration during a private road maintenance agreement is the budget. Every homeowner needs to know how much money can be spent to maintain the road every year. The person must have a sufficient budget to bear the costs of repair and reconstruction of the private road as and when required.

  • Agreement Type

    The homeowner must check whether the agreement is an open-ended one or a legal contract with a fixed date or end tenure. Open-ended agreements are flexible but require more maintenance throughout the contract duration. So, it is up to the homeowner and the respective company to decide which agreement type suits their requirements.

What Should I Include in a Private Road Maintenance Agreement?

Homeowners living on a private road must know the items they must include in the maintenance agreement. Although the agreements may look slightly different, a few items remain non-negotiable. Here is a list of five things homeowners must address when a private road maintenance agreement is drawn up.

  • The People Who Are Bound by the Agreement

    The homeowner using the private road must sign the private road maintenance agreement. The signature must be in the owner’s full legal name used in the deed of the property. The process ensures that the person takes responsibility for all maintenance purposes.

  • The Work Maintenance

    The homeowners who own the private road must know the types of maintenance they want for a particular road. For instance, dirt roads may require different types of maintenance, and roads with more traffic may require higher maintenance than those with fewer cars.

  • The Individuals Who Will Make the Decisions

    Both smaller or larger groups of homeowners should appoint a single individual as the head or appoint an executive committee to make the decisions regarding the private road maintenance agreement.

  • The Amount of Money that Each Homeowner Will Contribute

    The expenditure amounts for maintaining a private road may vary year after year. A particular year may require more expenses than the previous year and vice versa. Homeowners can choose a set amount for every year to build a reserve and contribute accordingly for the required maintenance.

  • The Consequences of Non-payment

    The private road maintenance agreement must include rules regarding the consequences of not paying the fair share of the maintenance in a year. The document must also include a clause where the homeowner can sue another counterpart who defaults in payment. The road maintenance agreement is an important document that must be recorded in the deeds registry for additional protection. However, it is not always necessary for the deed to be recorded for it to be legally binding. Consult with a legal professional for specific guidance for your particular case.

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What Are the Benefits Associated with a Private Road Maintenance Agreement?

Multiple federal and state laws are implemented following road maintenance in various places. A private road maintenance agreement is significant to ensure that the road is maintained regularly without any discrepancies and to bear the costs of its maintenance. Here is a list of benefits associated with a private road maintenance agreement:

  • Proportionate Shares

    The private road maintenance agreement acts as a statute that provides a remedy for the action of the contribution that enables the paying owners to recover a particular share from the non-paying owners. The process allows homeowners to adopt a simpler path to collect road maintenance costs.

  • An Advisable Contract

    Private road maintenance agreements are highly advisable because they act as essential contracts between the parcels of property running with the land. They also provide the essential framework required for disputes and maintenance that may arise in the future.

  • Cost Sharing

    Private road maintenance agreement includes provisions on cost sharing for maintenance and improvement of roads regularly among the benefitted owners. Moreover, it also incorporates decision-making processes, emergency repair allowances, and other expense recoupment processes from the rest of the owners. The agreement further covers restrictions to prevent expansions of road access rights.

  • Decision-making Power

    The private road maintenance agreement enables all parties who have signed the contract to have authority over their respective decisions. It includes provisions on whether the parties will require majority consent, unanimous consent, or other approval numbers to finalize a project.

Key Terms Related to Private Road Maintenance Agreement

Here is a list of key terms related to the private road maintenance agreement.

  • Roadway: A portion of the highway used for vehicles and bicycles.
  • Rural Area: A place outside the boundary of concentrated populations that accommodates freedom of movement and higher vehicle speed.
  • Urban Area: A geographic region with around 5,000 or more population.
  • Street: A local system that provides direct access to business districts and residential neighborhoods.
  • Commercial Property: A place that does not fall under the jurisdiction of the state or government authorities.


Expert lawyers have significant experience in private road maintenance agreements. They advise homeowners and organizations on the practicalities of such legal agreements. If you are looking for a legal expert with efficient experience in drafting a private road maintenance agreement, Contracts Counsel is your answer. Should you have any questions regarding road maintenance agreements and other legally binding contracts, please do not hesitate to contact our attorneys by visiting the official website. Visit now, post your project and state your requirement to get the best legal solutions.

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