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Maine Private Road Maintenance Agreement
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FAQ
In Maine, there are three basic types of road associations ? informal by consent or agreement, a statutory road association, and a non-profit corporation road association with property interests in the road.
A privately owned road, commonly called a ?private road,? is a road over which neither the municipality nor the general public has the right to pass by vehicle or on foot.
In an Opinion of the Massachusetts Supreme Court Justices to the Massachusetts Senate, the justices, in summarizing the common law of private ways, defined private roads as ?ways for travel, not laid out by public authority or dedicated to public use, that are wholly the subject of private ownership, either by reason ...
Public versus private streets If one of these roads needs to be repaired, the government takes care of it. In contrast, a private road is usually for an individual to gain access to a piece of land. Typically, a private road can be accessed by the public, but the landowner is responsible for all upkeep on the road.
"Private way" means a way privately owned and maintained over which the owner may restrict use or passage and includes a discontinued way even if a public recreation easement has been reserved. (Note that a private way is not a public way as defined in paragraph 59: Public way.
Title 23, §3121: Responsibility for cost of repairs to and maintenance of private roads that benefit residential properties.
