Texas 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

While the Texas Transportation Code allows the owners of private roads to regulate or prohibit their use, it doesn't mean anything goes. There are several gray areas and exceptions to established rules when it comes to private roads.

For example, cities in Texas can't enforce state or local traffic laws on privately-owned streets within their boundaries. Also, owners can place gates and restrict entry as long as each owner (and their approved guests) can get access. The extra degree of control comes at the price of maintenance.

?All roads which have been laid out and established by authority of the commissioners' court are public roads. . . A road not originally established under the statute may become public by long-continued use and adoption as such by the county commissioners with the assent of the owner or by prescription.

Sec. 545.155. VEHICLE ENTERING HIGHWAY FROM PRIVATE ROAD OR DRIVEWAY. An operator about to enter or cross a highway from an alley, building, or private road or driveway shall yield the right-of-way to a vehicle approaching on the highway to be entered.

From a home buyer's perspective, private streets may mean more available parking, privacy, a safer and more closely knit community and a lack of cut-through traffic.

?All roads which have been laid out and established by authority of the commissioners' court are public roads. . . A road not originally established under the statute may become public by long-continued use and adoption as such by the county commissioners with the assent of the owner or by prescription.

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.

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Texas Private Road Maintenance Agreement