If you live on a private road, it`s important to have a maintenance agreement in place to ensure that all residents are aware of their responsibilities in keeping the road safe and passable. A sample private road maintenance agreement lays out the terms of the agreement for all parties involved, including the property owners, the maintenance provider, and any other relevant parties.
The agreement typically includes the following information:
1. Purpose: This section outlines the reason for the agreement and what it is intended to accomplish. The purpose of a private road maintenance agreement is to ensure that the road is properly maintained and that all parties understand their obligations in doing so.
2. Parties: This section lists the parties involved in the agreement, including the property owners, the maintenance provider, and any other relevant parties.
3. Obligations: This section lays out the obligations of each party in the agreement. Property owners are typically responsible for maintaining their own driveways and any landscaping that may impede the road. The maintenance provider is responsible for maintaining the road surface and any drainage systems.
4. Maintenance Schedule: This section outlines the frequency of maintenance and any specific tasks that need to be performed. For example, the road may need to be graded twice a year, or drainage pipes may need to be cleared after heavy rainfall.
5. Payment: This section specifies how the costs of maintenance will be divided among the property owners. This may be based on the size of each property or on some other agreed-upon formula.
6. Dispute Resolution: In the event of a dispute between parties, this section outlines the steps that will be taken to resolve the issue. This may involve mediation, arbitration, or other legal remedies.
7. Termination: This section outlines the circumstances under which the agreement may be terminated. For example, if a property owner fails to pay their share of the maintenance costs, they may be in breach of the agreement and subject to termination.
Having a private road maintenance agreement in place can help ensure that all parties involved are aware of their responsibilities and prevent disputes from arising. While the specific terms of the agreement will vary depending on the needs of the community, a sample private road maintenance agreement can be a useful starting point for drafting your own agreement.
