No road maintenace agreement for your private road or shared driveway?

No firetrucks allowed!New Milford CT real estate talk. Private roads and road maintenance agreements, you think you don’t need one, just wait until you try and sell your house. Or you need emergency services…

I looked at a house a while back that is on a dirt road, there are probably 10 homes on the road, most built in the last 10 years. For some reason the person who created the subdivision did not build in a road maintenance agreement for the owners to share in. The most amazing thing to me is all the subsequent people that purchased homes and lots did not raise an eyebrow over this. Neither did their attorneys, lenders or insurance companies. Until now….

The road is in disrepair, it needs maintenance, road grading for one. And when the winter time comes there is no one who will plow anymore. The guy with the truck and plow up and left. There is a person at the very end who is in landscaping, but refuses to plow the road in winter. Bet that went well last winter!

The town was approached and asked if they would take the road maintenance over, they refused. Until the road is brought up to their standards they won’t even consider it!

I have been told that most of the owners do not care to pay for road maintenance. I thought that was unusual, they will care when their insurance companies realize that in the winter time a firetruck may not be able to make it down the road. Or perhaps the realization that an ambulance may also not be able to make it. With the current temperament of lenders some are refusing to lend in situations like this with no road maintenance agreements in place.

No ambulance allowed!The fix is easy, have an attorney draw up an agreement for all the home owners to sign. Have it run with the land. Start an association up. Because it will be a shame if something happens that could have been prevented with a simple agreement in place. I think that a carefully worded letter to the current owners outlying the pitfalls of a private road with no agreement might help. Let’s hope we can get this cleared up so the house will have a better chance of selling in this already difficult market.

If you share a driveway and have no written agreement in place you are also at risk. Be very careful of this. If you are buying a home that shares a driveway, ask to see the written agreement, if you are selling and have just relied on the good neighbor policy, you might want to rethink that!

Who dealt this mess??? (As my mother used to say.) And one other question remains in my mind, who owns the lovely road? Seems like a trip to the town hall is in order for me, I do love a puzzle!


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