Private Road Maintenance Agreement Form
Description
How to fill out Oregon Access And Utility Easement And Road Maintenance Agreement?
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FAQ
The California Civil Code requires the cost of maintenance for both the private and other public roads to be shared equitably by the landowners benefiting from those roads. Lacking a formal agreement between landowners, the Code requires an equal share contribution Page 4 3 from each landowner.
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.
2011 House Bill 1349: Concerning private road maintenance agreements - Washington Votes. Clarifies current law concerning private road maintenance agreements. This act requires the holder of an easement for a road to incur all costs of maintenance of that road.
Owners living on private roads are required to maintain their roads by State law, California Civil Code §845 (PDF): The owner of any easement in the nature of a private right-of-way, or of any land to which any such easement is attached, shall maintain it in repair.
(2) "Private road" means a privately owned and maintained road, allowing access to more than 1 residence or place of business, which is normally open to the public and upon which persons other than the owners located thereon may also travel.