A private road is a road over which a limited number of people have the right to pass. In contrast, public roads are roads over which the entire travelling public have the right to pass. Private roads often are created with a written easement, but they also can be created without a written easement. For example, recording a subdivision plan showing roads and lots, and then selling lots with reference to the plan, may create give the lot owners an implied easement to use the roads to access their lots.
Unless there is an agreement among the property owners addressing maintenance, each residential owner must contribute equitably to the reasonable cost of maintaining the private road. Each residential owner shall have the right to bring a civil action to enforce that requirement. Any owner of a residential property abutting a private road who directly or indirectly damages any portion of such road shall be solely responsible for repairing or restoring the damaged portion.
A private road maintenance agreement is an agreement among all persons benefitting from a private road addressing maintenance and payment issues. Private road maintenance agreements generally address who is bound by the agreement, what sort of maintenance work should be performed, who makes that decision, how much money must each lot owner contribute, and the consequences for non-payment.
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