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.
Collin Texas Private Road Maintenance Agreement
Category:
State:
Multi-State
County:
Collin
Control #:
US-03114BG
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Private Road Maintenance Agreement?
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FAQ
Within smaller municipalities in more remote areas of Ontario, many properties are accessed by private roads. Private roads are owned and maintained by one or more land owner and used to access private property. Roads owned by a municipality are referred to as municipally maintained roads, or public roads.
A At common law, the owner of land subject to a private right of way (the servient owner) is under no obligation to maintain it. If someone with a right to use the roadway (the dominant owner) wants it mended, it is up to them.
As well as being a private road, it is a public footpath so it's accessible to anyone on foot. It is not however permissible for anyone on motorbikes / in cars to use it other than at the invitation of the owners / residents.
Private roads are not adopted by the local authority and therefore maintenance and upkeep is the responsibility of the owner. If the road has been adopted then maintenance and upkeep are the responsibility of the local council.
A At common law, the owner of land subject to a private right of way (the servient owner) is under no obligation to maintain it. If someone with a right to use the roadway (the dominant owner) wants it mended, it is up to them.
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.
Private Roads, Driveways and Alleys: Driveways and private roads are owned and maintained by an individual, business, or other non-county entity and alleys are likely maintained by two adjoining property owners.
Conventional Loans: Fannie Mae will require a private road maintenance agreement, but Freddie Mac guidelines do not. Check with your lender if they have the ability to work with Freddie Mac programs. VA Loans: require a recorded maintenance agreement, but this requirement may be waived with VA approval.
Private Roads, Driveways and Alleys: Driveways and private roads are owned and maintained by an individual, business, or other non-county entity and alleys are likely maintained by two adjoining property owners.
Responsibility for the cost of maintenance of a private or unadopted road rests with the frontagers; that is, the owners of properties with frontages on such roads (owners of the premises fronting the street).
