Oregon Private Road Maintenance Agreement

State:
Multi-State
Control #:
US-03114BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

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.

The cost of maintaining the easement in repair in the absence of an agreement and in the absence of maintenance provisions in a recorded instrument creating the easement shall be shared by each holder of an interest in the easement in proportion to the use made of the easement by each holder of an interest in the ...

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.

The contract must be in writing, contain the full names of the buyer(s) and seller(s), identify the property address or legal description, identify the sales price, and include signatures by the parties. Sales contracts are also known as agreements of sale, purchase agreements, or contracts for sale.

An easement is a nonpossessory interest in the land of another that entitles the easement holder to limited use of another's land without interference. ORS 105.170 (1). An easement holder is a person with a legal right to use the easement and may include the owner of the land across which the easement passes.

Fannie Mae permits an appraisal to be based on the ?as-is? condition of the property as long as any minor conditions, such as deferred maintenance, do not affect the safety, soundness, or structural integrity of the property, and the appraiser's opinion of value reflects the existence of these conditions.

Fannie Mae does not require that the utilities that serve the property be turned on at the time of the inspection.

For example, if the easement is in place for use by a utility company in Oregon, then the utility company or municipal government will typically bear legal responsibility to maintain the area.

It's the right held by one person to make use of the land held by another person for a limited interest. ODOT'S RIGHT OF WAY DEPARTMENT IS THE HOLDER OF OUR ?APPROVED EASEMENT LIST?.

California Civil Code § 845 lays out the responsibility of private road maintenance, including snow removal.

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Oregon Private Road Maintenance Agreement