Shared private road maintenance fund

[nickel plate]

We as well as six others own property on a private 1-1/2 mile dirt/rock unimproved road that has a couple of mild switch backs and drops/rises about 300 feet in elevation. Some of the neighbors are living permantely there and some are not. One of the live-in neighbors has a small business which brings down UPS and Fed-x trucks about twice a week. Another has several friends that frequently use the road. That's about it-we are facing a couple of small washouts in the ditch alongside the road, nothing at this time any more major that a periodic tractor dressing dressing.
Can you give me a payment formula guideline that works for your group that each resident pays into (advance or in time of need) road maintenance for your private road? A transparent bank account for road maintenence or?
Do note that some live here and some only visit occasionally or not at all.

 

[ustmd]

We are in a similar situation.

Rather than fargue about it and create problems, we always offer to split the maintenance equally.

 

[cowpatty]

In a perfect world everyone would split the first year equally and keep tabs...everyone would pay approximately the same. The following year everyone would deposit a monthly amount into an escrow fund that revolves and maintains the road. Problem is that will not happen unless you have great neighbors that care about their whole road. Too many times, the residents only care about their section and don't worry about the "end" of the road. Don't expect a 100% participation rate either. Good luck

 

[MasseyWV]

I've been in a similar situation and found that the biggest problem wasn't deciding who pays what, but simply getting them to pay.

 

[plowking]

In my area,most private roads are on lakes. The lake association usually takes care of the lake road and their members on the road pay. Some towns will do private roads if they are classified as "emergency lanes."Other towns will charge the private road owners seperately or refuse to maintain them altogether. Banks,insurance companies here will want some guarantee from their borrowers or the town that road will be accessible in winter[ snow plowing] for emergency services. Is your private road located in a township,incorporated ,etc. or just rural area? plowking

 

[bcp]

There is a sample agreement attached to this page:

Road Maintenance Agreements (RMA) - Private Road Maintenance Agreements





And here is our county's code for private roads agreements:

"Private Road Maintenance Agreement. The county will not maintain roadways, signs or drainage improvements on private roads. All private roads shall be maintained by the owners of the property served by them and kept in good repair at all times. A private maintenance covenant recorded with the County Auditor will be required for any private road serving more than three (3) lots. The covenant will set out the terms and conditions of responsibility for maintenance, maintenance methods, standards, distribution of expenses, remedies for noncompliance with the terms of the agreement, right of use easements, and other considerations. The covenant shall be submitted to the responsible official for approval prior to recording. The covenants, which may be in the form set forth in the Standard Details Manual, shall include the following terms:

(1) The covenant shall establish minimum annual assessments in an amount adequate to defray costs of ordinary maintenance and procedures for approval of additional needed assessments.

(2) The covenant shall include a periodic maintenance schedule.

(3) The covenants for maintenance shall be enforceable by any property owner served by the road.

(4) The means shall be established for assessing maintenance and repair costs equitably to property owners served by the private road.

(5) The covenants shall run with the land.

(6) “Maintenance” shall include, but not be limited to, road surfacing, shoulders, gates, signs, storm drainage facilities and vegetation control.

(7) Private Road Inspection. Private roads will be subject to the same inspection schedule as public roads.

(8) Developer Maintenance Obligation. The developer of a residential plat or short plat shall be responsible to ensure the maintenance of the private road for a period of two (2) years from the date of recording of the plat or short plat. Thereafter, the developer’s maintenance responsibility will depend upon the number of lots under the developer’s continuing ownership, as stated in the recorded maintenance agreement."

 

[Pettrix]

The private road I use that is shared by one neighbor, it's difficult to get him to pay. As long as your neighbor is reasonable, you shouldn't have any problems. If you have an unreasonable neighbor like I do, it's can get ugly.

For me, the 500' shared easement road needed work, yet the neighbor refused to give up money to help fix it. The options I had was to get the HOA involved and get the lawyers involved. It wasn't worth it for me and I just paid for it all myself.

This neighbor doesn't fix anything until it is about to collapse. It had culvert damage, rutted road, etc, and I just fixed it myself. Cost me around $700.

 

[rambler]

Can you give me a payment formula guideline that works for your group that each resident pays into

Now, that's the funniest thing I read all night! "that works' - oh how funny!

Good luck with it! You'll need it.

--->Paul

 

[RickB]

I can't offer a solution. But I will say when we were looking at property to buy in North Carolina, one of the first dealbreakers was no deeded access to a public highway. Never will I be involved in a similar situation. No shared driveways, private roads, or homeowner's associations for me.

Unless you plan on doing/paying for 100% of the maintenence on the portion of the shared road that you use, you are probably going to be disappointed in the long run.

 

[Tomtint]

I live on a gravel road, it is about 1500 feet from the end of my driveway to he main road and there are 8 houses that use the road. I maintain it. Only o e neighbor has ever pitched in anything and it was just given , never asked for. Others just drive by and wave as I'm grading it. I have a 72" Befco land plane that needs new scarifiers and skids after 30 hours or grading over the last year. I don't really expect to get anything from the neighbors, I do it because I want a nice smooth road. So it is what it is.