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  • Private Road Maintenance Agreement Declaration Of Easement

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DECLARATION OF EASEMENT AND EASEMENT MAINTENANCE AGREEMENT THIS DECLARATION AND EASEMENT MAINTENANCE AGREEMENT, made this day of 20 by and between whose address is WHEREAS, the parties hereto are.

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If the property is located on a community-owned or privately-owned and maintained street, an adequate, legally enforceable agreement or covenant for maintenance of the street is required.

These roads are not to be confused with driveways. Instead, they are constructed and maintained by the homeowners along the stretch when there are no city or state roads to service the property.

Fannie Mae (Conventional): A Private Road Maintenance Agreement is required. Freddie Mac (Conventional): A Private Road Maintenance Agreement is not required. FHA: A Private Road Maintenance Agreement is not required, however you will be asked to provide a recorded road easement.

In North Carolina, Road Maintenance Agreements are not required, but are strongly recommended. For example, lending companies such as mortgage companies or banks usually require private Road Maintenance Agreements from individuals that share a private road with others.

Private Road Maintenance Agreement VA The VA Handbook Chapter 12 states, “Private streets must be protected by a permanent easement AND maintained by a homeowners association or joint maintenance agreement.” Additionally, VA requires that the street have an all-weather surface.

Public streets are maintained by the NC Department of Transportation (NCDOT) or the city or town where it is located. State-maintained roads are marked with an SR number. Check the NCDOT map. Streets without an SR that are outside city or town limits are maintained by agreements that have been made between the owners.

Who maintains right-of-way? Public right-of-way is maintained by a city or the State. Private right-of-way may be maintained by a developer, a homeowner's association, or in the absence of these, by the users of the road.

Getting a Private Road NC DOT Approved as a Public Road Neighborhood must be 80% built out. Roads must not be too steep. Roads must not have too many turns. Roads must be wide enough. Roads must not have shrubbery, mailboxes or statues in the right of way. Roads must have culverts up to DOT standards.

​​The Division of Highways' Maintenance & Operations Section works to ensure North Carolina's roadways and bridges are properly maintained and running smoothly.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
Content Takedown Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
Industries
Forms in Spanish
Localized Forms
State-specific Forms
Forms Kit
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232