A road maintenance agreement is usually a good thing to have in place if you share a common access with one or more properties. Sometimes the only access to some properties is on a private easement road from a public right of way; this means that the responsibility of the road maintenance falls on the people who have the right to use the road.A road maintenance agreement will generally contain these items: The legal description of all properties that have the right to use the road, the way that responsibility for repairs is to be shared by the parties, how the costs for repairs will be incurred by the parties, emergency repairs and the consequences for non-participation in the maintenance.

Road maintenance agreements are a great thing as long as all parties involved share in the repairs as spelled out in the agreement. Sometimes a lender on a property with a private road will require that an agreement be in place prior to them making the loan.

So remember when you are looking at property that takes access on a private road easement to check with your real estate agent and check the title report to see if an road maintenance agreement is in place. Reviewing a preliminary title report during your feasibility or inspection period to check for these kind of red flags can save you time and heartache in the end.