Everything You Need to Know about Private Road Maintenance Agreements
A private road maintenance agreement is a legally binding document that outlines the responsibilities of landowners to maintain and repair a road that they all use, owned by an individual, a group of homeowners, or a condominium association. The purpose is to ensure that everyone who uses the road contributes to the upkeep. This way, the road is sufficiently maintained and can be used without hindrance.
The agreement usually specifies the type of maintenance needed, the amount of money to be contributed to a road maintenance fund such as in an association , the share of each participant based on property usage, and how the money is to be used for repairs.
Anyone with a vested interest in the use of the road would benefit from the agreement, such as homeowners and condominium associations. Road maintenance is not to be overlooked as it covers activities such as road grading, plowing, and mowing if the road is as dirt or gravel.
A private road maintenance agreement describes the boundaries of the property and the right to use the road, the cost associated with the road, and how those costs are paid.
The Essential Elements of a Road Maintenance Agreement
When entering into a private road maintenance agreement, there are a number of important provisions that should not be overlooked. Every maintenance agreement should at least address the following:
Responsible Parties
It seems elementary but the agreement should clearly state who is responsible for maintaining the private road. The obvious answer is the property owners. However, there may be questions as to which property owners are responsible for specific maintenance tasks or who must pay for general repairs. It is very important for the parties to agree as to who is going to be responsible for which parts of maintenance in order to avoid being improperly blamed or financially responsible for something outside of one’s control. When roads are owned by a small group of individuals, each resident/owner should have a say in the road maintenance agreement. If three of the five people who own the road agree to a forty year maintenance schedule but you want a two-year schedule, problems are certainly going to arise. As with most contractual arrangements, the agreement should not force the minority party into something it doesn’t want to do.
Cost Sharing
Cost sharing provisions should also be well defined. A simple cost sharing arrangement based on equal percentages can work in some cases but a complicated formula that accounts for everyone’s interest can also be used in other situations. Similar to a rental agreement for residential property, the maintenance agreement can also require the parties to pay for their cost of maintenance in proportion to the size of their road interest.
Maintenance Schedule
In addition to detailing the responsibilities of each owner, a thorough maintenance agreement should also contain a schedule for when the maintenance is expected to take place. If one property owner is not going to use the road until mid-June, it does not make sense for the paving the road in mid-February.
Ultimately, the value of a private road maintenance agreement depends on the individual parties and their property rights. Each group of property owners must decide for themselves what provisions are important and how they want to define maintenance. When drafting a maintenance agreement, try and imagine the problems that could be created if certain provisions are not included.
How to Make a Customized Road Maintenance Agreement Template
Many readers may already have a favorite private road maintenance agreement template. Perhaps you’ve downloaded a few private road maintenance agreement template options, but they don’t seem to be tailored enough for your situation. If that describes you, don’t worry – it’s still possible to create a customized maintenance agreement template. This section walks readers through the process of creating their own template, using downloadable templates as a starting point for creating a customized template. To create your own private road maintenance agreement template, start by reviewing the templates available at the links in Section 1. Once you’ve downloaded and opened the templates, go through them and pick out the sections you like. It is not uncommon to have just one or two sections that you like from one template and then prefer other sections from the same or other templates. For example, you may like the introduction or recitals from one template, the definitions from another segment, and the executor section from a third template. From this information, you should be able to outline the sections that you like and create a draft document. When using existing templates as a base, be mindful of change the language referenced in the introduction or recitals. Try to retain the accuracy of the template if you only require minor changes. For example, if your road is named Adams Road, you should avoid referring to it as Smith Road. This will help to reduce confusion about which road the agreement concerns. Additionally, consider how the private road maintenance agreement is structured. Does it have sections on costs and expenses that are useful? Does it have sections on drainage/easement that may be helpful? Go through all of the templates selected and decide on what topics and sections should be included in your agreement before actually drafting anything. It is important to recognize that residential private road agreements are recognized and governed by the laws of the state where the property is located. That means it is essential to ensure your private road maintenance agreement complies with local laws. Because the laws vary from state to state, be sure to get in touch with a local attorney to discuss the drafting of your private road maintenance agreement template.
Legal Implications and Concerns in Road Maintenance
The law is an ever-evolving field, and road maintenance agreements are no exception. Problems can arise when the contract fails to follow the law by considering issues such as the improper construction of roads, liability for accidents that occur on private roads, or other land use issues. While most contracts give guidance for situations such as the availability of insurance or dispute resolution, they are often vague about the legal relationship between the parties. As a rule, the party responsible for private road maintenance is generally held liable for accidents that occur. The liability clauses in these templates should be reviewed to see if they conform to your state’s laws and offer adequate protection against liability for the parties to the agreement . Resolving disputes is often at the forefront of the minds of those who are responsible for road maintenance. A dispute can be costly and time-consuming, and if the contract is not drafted to take local laws and regulations into account, it may lead to future litigation. It is recommended that you contact a lawyer to help you draft your agreement to ensure that you are in compliance with your local laws and regulations. It is also important to ensure that the template you choose is tailored to your needs. Every private road and the people who live on it are different in some way. This can include details such as how much maintenance is required to make the road functional or how the road is used and maintained. It is wise to consult a lawyer for drafting advice.
Road Maintenance Best Practices
Once a private road maintenance agreement is in place, it is important to follow several best practices to ensure the road remains in optimal condition. Developing a clear communication plan between stakeholders is essential for maintaining the road. Stakeholders should establish a regular schedule for road inspections to identify any issues that need to be addressed. These inspections should be documented for future reference.
In addition to regular inspections, it is vital to have a plan in place for addressing any road issues that are discovered. This plan should include a procedure for notifying the maintenance committee and gathering input from all stakeholders before repairs are made. It is also essential to set aside funds for road repairs to cover any unexpected costs that may arise.
Homeowners should be proactive in keeping their driveways clear of debris and regularly check for any vegetation or trees that may need to be trimmed back from the road. Any construction work along the road should be done according to the road maintenance agreement and with the approval of the maintenance committee.
For routine maintenance, it is often beneficial to hire a professional road maintenance service. A professional service can provide regular maintenance and handle any major repairs that may be needed. It is important to have a written contract with the maintenance service that outlines the scope of work to be done and the rates for their services.
Following these best practices can help ensure the private road remains in good condition and that any issues are addressed promptly.
Road Maintenance Agreement Samples and Tools
For those interested in exploring free template options, consider browsing through any of the following online resources:
FindLaw provides an eleventh-hour "free download" link under its HOA Agreements and Covenants section, specifically for a "road maintenance agreement," though the site does not offer any additional commentary on the providence or even existence of the agreement. However, this appears to be a reasonable starting point.
Law Insider offers a 5-page sample of a "Road Maintenance Agreement," with a special focus on allocated usage percentages (particularly as to golf carts and ATV vehicles), putative road definitions, liability and indemnification clauses, maintenance coverages, and capital improvements. The site offers a 7-day free trial, which includes access to all content.
Innovative Community Action provides an article that summarizes some of the legal and operational benefits of HOA road maintenance agreements, along with a fairly complete selection of downloadable template agreements. The website provides extensive background discussion of the various topics addressed by the templates, and the templates are fairly complete, including sections on improvements, maintenance responsibilities, assessments, allocation formulas, and dispute resolution.
The Apartment Association of Greater Los Angeles has published a comprehensive Road Maintenance Agreement for Private Roads. The Road Maintenance Agreement includes provisions for repair and maintenance , periodic road inspections, road access, road standards, maintenance of vegetation, and vehicle passage. This agreement is specific to the use and maintenance of private roads within AAGLA-affiliated facilities, but can be readily modified for use in other situations.
An Arizona Community Association attorney has published a very detailed analysis of common road maintenance agreement provisions, along with an accompanying resource website that contains a free 7-page sample of a "Road Maintenance Agreement." The attorney offers a more complete set of detailed sample documents, including a "Road Maintenance Agreement," "Grading License and Maintenance Agreement," "Speed Hump and Truck Restriction License," "Agreements for Weeds," "Dirt Road Agreement," and "Trail License and Maintenance Agreements." There are no citations or indications as to whom prepared each of the documents or where the document originators obtained their content.
Private Road Solutions has posted a "Right-of-Way Road Maintenance Agreement" template that appears to address all of the key articles and sections to consider including in a road maintenance agreement. Whereas some of the other sites require licenses, memberships, or subscriptions of some kind, Private Road Solutions is purely a public website.