Private roads, not a subdivision, who is responsible?

Question

Hi All, Hopefully I can explain this simply. Purchased a house in a neighborhood that is not considered a "subdivision " . Basically started by one contractor who broke off lots to himself, kids, wife, friends, etc.. Now there are about 40+ homes and no association. Some roads are paved some are not. We pay for plowing and sanding that's it, the town won't do it because the roads are not up to subdivision standard. So my question is who is responsible for the roads? Maintenance and otherwise? If we have no formal association and the builder basically takes no responsibility. Where do we go from here? Thanks in advance

Jay Hinrichs · Answer

@Thomas S. you cant record a plat and own the road as a developer in the US. so that thought process is not correctwhat they have most likely is a recorded plat a dedicated road but not accepted by the city for maintenance.. very common just look at any unimproved roads in many cities were the plat was recorded 50 to 100 years ago.. its a county or city road but it was never accepted by the city for maintenance.. We call those shawdow plats.. out here in the west.. millions of lots created this way.. legal lots of record.. @Jason Lamb couple ways to tackle this I have done it a few ways.One, create a political subdivision so you can float 1915 act bonds.. city sells bonds road gets built to city standard and the bond goes on your ad valorum tax's.. in CA there is a bond issue called Mello Roos.. I have done big ones of those 10 million plus. You will need to talk to the county or city attorney and see if they will allow bonds for public improvements.. once the roads are built to city standards they then take them over like any other road.two, Form your own association does not have to be an HOA it just needs to be a road maintenance agreement that is agreed to by all parties recorded and becomes an encumbrance.. with some stern language for those that don't pay you can foreclose on them. Three , do what my brother does he brings his back hoe and road grader home a few times a year fix's his mountain road .. neighbors who can pitch in with few bucks do.. but he makes sure it gets taken care of.. been doing that 20 plus years.

Brett Jones · Answer

I'm also in Maine (Lamoine). Often even those roads that have an association, and are built to town standards wont be absorbed by the municipality. Small towns don't want the expense. I built a subdivision around 2007 and we still own land within the development. The association members (all land owners who access their land via subdivision roads) contribute a set amount yearly (I think it was $125 last year) that covers the winter plowing and spring maintenance (I've been doing that work). There are other developments in town that never had a complete or cohesive road associations. For those folks it's often left to a few people to deal with annual maintenance work, and nagging people to every year contribute for the plow bill and annual grading.

Ryan Murdock · Answer

@Jason LambThis is a common situation with old unimproved roads (camp roads etc) as well as newer subdivisions where the builder failed to complete to the standard for the municipality to take it over. We have one locally where the builder went bankrupt prior to completion of the subdivision and it fell on the homeowners to all pitch in for road maintenance. It's a real hassle for the residents and can really wreak havoc when trying to obtain financing. You will all likely either need to pony up the cash to "complete" the roads or forever maintain - formally or informally - a road association with your neighbors. I'm curious to hear how this plays out for you.

Andrew Postell · Answer

@Jason Lamb I know exactly what you are talking about. This is what would be called a "private road". It is not owned by any specific developer, government agency, or neighborhood. This will likely be referred to as an "easement" on your survey. Who is responsible for the road? Everyone who lives on the road is responsible for the maintenance of the road and they are also responsible for granting access to all the fellow owners and emergency vehicles that require access on the road. Some people who live on these types of road form a "Private Road Maintenance Agreement" to make sure that all parties share in the maintenance of the road. Could you imagine if you needed police, fire, or ambulance and they couldn't get access to your home because of this road? It wouldn't be good. And that's why those agreements are in place. It kind of keeps everyone civil and everyone knows what to expect. You can google the term "private road agreement" for more information. Hope this helps!

Jay Hinrichs · Answer

improvements bond. Not a grant

Jason Lamb · Answer

Jay Hinrichs Thanks jay, I have been doing that last one for the past two years. So worst comes to worst I'm ok with that. I just wanted to be prepared in case something came up and would like to do something going forward for the new homes coming into the neighborhood. I'll see what the city has to say tonight and I'll bring up the question of the grant or improving the roads Thanks

Jason Lamb · Answer

Thomas S. Andrew Postell Thanks guys, we have a town meeting tomorrow night about this issue. So I guess we will see how it goes. Road agreement seems like the way to go but I will have to do some research and get in touch with a real estate attorney. Anyone know a good one in Maine?

Thomas S. · Answer

The roads most likely belong to the builder. The likely hood is that your land deed has a legal right of way access to your lot through the builders land (the road). This situation will likely only be resolved by taking the builder to court.