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Oregon Access and Utility Easement and Road Maintenance Agreement

State:
Oregon
Control #:
OR-HJ-272-01
Format:
PDF
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Access and Utility Easement and Road Maintenance Agreement
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  • Preview Access and Utility Easement and Road Maintenance Agreement
  • Preview Access and Utility Easement and Road Maintenance Agreement
  • Preview Access and Utility Easement and Road Maintenance Agreement

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FAQ

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.

Typically, a private road can be accessed by the public, but the landowner is responsible for all upkeep on the road. Call your city planner or tax office to see if a road is public or private.

A private road is a road owned and maintained by a private individual, organization, or company rather than by a government.

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.

Are you looking for the FHA road maintenance agreement requirements? You're in luck! This loan program does not require a private road maintenance agreement. If there's ownership interest, protection by a permanent recorded easement, or if an HOA owns and maintains the road, the agreement is not necessary.

Unadopted or private roads are basically roads which, while they may be public rights of way, do not actually belong to the public road network. In other words, they are not owned by the local authority normally the County Council.

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.

A private road in legal terms is a road not open to the general public without permission, just as a lawn or a farmer's cornfield are closed to public use. The owner can grant individuals the right to use his road.

USDA Loans: do NOT require a private road maintenance agreement.

When no existing road maintenance agreement is in place, it is possible for home buyers to create one. However, all homeowners between the public road and the house being purchased must sign the new agreement. Any neighbor not interested in signing can present problems for the buyer.

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Oregon Access and Utility Easement and Road Maintenance Agreement