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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.
FHA: A Private Road Maintenance Agreement is not required, however you will be asked to provide a recorded road easement.
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.
No. They can't send you a fine in the post or anything like that, you are just technically going into private land. They could tell you to stop, or put barriers up, but even then there is little to stop you unless they took you to court or something.
USDA Loans: do NOT require a private road maintenance agreement. However, additional criteria will apply for both FHA and USDA loan call my office for more details!
1. The obligation to construct and repair a right of way falls on the owner of the dominant tenement who receives the benefit of the right of way.
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. USDA: Requirements are determined on a case-by-case basis. VA: A Private Road Maintenance Agreement is required.