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.
West Virginia Private Road Maintenance Agreement
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How to fill out Private Road Maintenance Agreement?
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FAQ
Private roads are roads where no public right of way exists. Residents are solely responsible for any repairs.
ARTICLE 9. RIGHT-OF-WAY. (a) The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway.
"Private streets" means subdivision streets that have not been dedicated to public use or that require the permission or invitation of a resident or owner to use the street. Such streets are not intended to be included in the secondary system of state highways maintained by the department.
An application for a private road shall be made in writing to the town superintendent of the town in which it is to be located, specifying its width and location, courses and distances, and the names of the owners and occupants of the land through which it is proposed to be laid out.
In an Opinion of the Massachusetts Supreme Court Justices to the Massachusetts Senate, the justices, in summarizing the common law of private ways, defined private roads as ?ways for travel, not laid out by public authority or dedicated to public use, that are wholly the subject of private ownership, either by reason ...
For example, cities in Texas can't enforce state or local traffic laws on privately-owned streets within their boundaries. Also, owners can place gates and restrict entry as long as each owner (and their approved guests) can get access. The extra degree of control comes at the price of maintenance.
A maintenance agreement (contract), sometimes called a service agreement (contract), is an agreement which requires specific performance of repairing, cleaning, altering, or improving tangible personal property on a regular or irregular basis to ensure the product's continued satisfactory operation.
"Private road or driveway" includes every way or place in private ownership and used for travel of vehicles by the owner or those having express or implied permission from the owner, but not by other persons.
