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BHM's Homesteading & Self-Reliance Forum
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Go Back   BHM Forum > Homesteading > Homesteading

Homesteading Talk or ask questions about homesteading in general, your homestead, or any other related topic.

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  #1  
Old 10-28-2008, 08:14 PM
marnee marnee is offline
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Join Date: Oct 2008
Location: Southeast Idaho
Posts: 181
Default Who owns the private roads?

If this is a stupid question, I apologize. I'm still getting used to living in the country.

We bought a home last year in a "subdivision" of 8 lots with one lane and one drive. The entire area was homesteaded and developed by the same man (happened to be a Realtor). The two "roads" are obviously private roads, but I'm wondering who they actually belong to. Our property map (the one for general purposes, not for surveying purposes) shows that all of the property lines for the lots are defined by the roads. So, any insight into who owns the roads?
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  #2  
Old 10-28-2008, 08:20 PM
gulcherville gulcherville is offline
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Join Date: Oct 2008
Location: Mt Desert Island , Maine
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Default re: who owns the private roads?

In the subdivision I live in, and most that I know of, the road belongs to a road association, which each property owner in the subdivision is a member of and shares in an equal amout of the roads up keep cost, no one person owns them.

brent
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  #3  
Old 10-28-2008, 09:56 PM
MooseToo MooseToo is offline
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Join Date: Jul 2001
Location: south central ky
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Default Re: Who owns the private roads?

need to read your deed - we can only guess -
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  #4  
Old 11-01-2008, 05:15 AM
otterbob otterbob is offline
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Join Date: Oct 2008
Location: Rye, Colorado
Posts: 282
Default Re: Who owns the private roads?

Quote:
Originally Posted by MooseToo
need to read your deed - we can only guess -
Very good information, BUT !
I can give a very good guess based on Colorado Law.
I did not check to see where the question came from.

Roads are generally owned by fed's , State , city or county, HOA's , or individuals .
Private roads generally fall under HOA's or Individuals. The Problem lies in your description of your neighborhood. And the possibility that you “might” be using the wrong term because someone may have used the term incorrectly.
A private road generally has an owner/s and an easement is generally part of “Your” property.

As “MooseToo” pointed out you will need to read your deed and county plat map.

If the property lines touch opposite properties and the road follows the property line the road is probably an “easement”. If the roads are plated and the property lines touch the road but not the opposite property line it is generally a “Road” and could be private. If there is no maintenance by the city, county , state or fed's , it is probably “Private”. A quick call to the County roads and bridges department will generally answer that question.

What generally happens on small developments like you described is that the owner will plat the “Road” to meet county requirements and add a note to the deeds or plat that once the properties are sold the new owners will form an HOA and take title to the road to care for road maintenance. Most of the time the owners never form the HOA and there is no entity to care for the road, which leaves each owner to fend for themselves.

Otter Bob


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  #5  
Old 11-01-2008, 06:19 AM
EarthMama's Avatar
EarthMama EarthMama is offline
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Join Date: Mar 2007
Location: Indiana
Posts: 442
Default Re: Who owns the private roads?

No such thing as a stupid question, Marnee. At least that's what I've been told... and I believe it. ;D

We live in an old subdivision of about a dozen houses, out in the county. The county highway department maintains our 2-block long, dead-end "path".

I have indeed noticed though that, at the county zoning board meetings... when the various developers come before the board to get their new subdivisions approved... one of the biggest concerns from the board members is the question of whether or not the county will have to maintain the road in the subdivision.

So, you could probably ask one of the members of your county's zoning board to find out who owns the road in front of your house. Or call your county highway dept.

Peace~ EarthMama

(edited for typos)
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  #6  
Old 11-01-2008, 07:34 PM
marnee marnee is offline
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Location: Southeast Idaho
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Default Re: Who owns the private roads?

Our "roads" are unmaintained by the city/county (they are too narrow for the county to even consider making county roads) which I can assume means that they are either plain and simply owned by the individuals, or are part of an HOA, yes?

I can't get a lot of information from reading my property deed, because the land "dead ends" at our property. From our property line back is technically our driveway, not the road. I do know that we don't have any "HOA", at least nothing fee based. We do have a set of covenants that we're supposed to abide by, though, set forth by the original homesteader of the area, although he no longer owns any of the lots. So, does that mean that the roads are part of an HOA?

If they are HOA, who is supposed to maintain them?
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  #7  
Old 11-02-2008, 12:44 AM
walls0stone walls0stone is offline
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Default Re: Who owns the private roads?

friend of the fam found that the road going to his property was not properly abandonded by the township..and they were forced to reopen the road after 50 years. the land he owned had a farm house with a few outlets and a single phone jack in the house. The home owner was no longer milking cows so no one needed to use the road to the house but the owner, who had stopped using the road, creating a driveway that connected to a road in a quarry next door. THis being easyer than plowing a longer drive to the town road. No one realy cared so they just stopped keeping up the road with out the proper paper work. they were forced to come in and fix the road.

We also have no winter mantaince roads here, but if you live on them, it's up to you to get in and out. As far as gravel and ditch work, that's on the town or township.

A PVT lane sighn here is normaly just a friendly note to those who don't know the area, that this is a driveway and not a place to come park'n with your GF. Mom and Dad have a 1/3rd mile long drive that looks like a road so every week or 2 we would find someone up to something at a late hour. We didn't realy care to much but we would pull over, roll down the window and yell from a distance... ya need any help? ;D
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  #8  
Old 11-02-2008, 01:33 AM
otterbob otterbob is offline
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Join Date: Oct 2008
Location: Rye, Colorado
Posts: 282
Default Re: Who owns the private roads?

Quote:
Originally Posted by marnee
Our "roads" are unmaintained by the city/county (they are too narrow for the county to even consider making county roads) which I can assume means that they are either plain and simply owned by the individuals, or are part of an HOA, yes? *

I can't get a lot of information from reading my property deed, because the land "dead ends" at our property. *From our property line back is technically our driveway, not the road. *I do know that we don't have any "HOA", at least nothing fee based. *We do have a set of covenants that we're supposed to abide by, though, set forth by the original homesteader of the area, although he no longer owns any of the lots. *So, does that mean that the roads are part of an HOA?

If they are HOA, who is supposed to maintain them?
You said that you have covenants, Read them to see if there is any information about the roads.
You will still need to consult the county plat map of your "sub-division" it will contain information about the roads or easements.
An HOA can be formed at any time by a majority of the property owners of the sub-division. An HOA can be good but most times cause more problems then they solve in rural settings. Avoid forming an HOA if possible !
A road association is a form of HOA but is limited to only the roads. this would be a much better idea. and is formed the same as an HOA .
I have served on a road association in the past.
If you have private roads or easements you as a property owner have the right to maintain them without the consent of your neighbor, before you do, consult your insurance agent about the need of an umbrella policy to protect you from law suites from neighbors that believe you caused them harm, because their car went off the road or was damaged by something you did wrong to the road.
Even an HOA or road association would need insurance !

Otter Bob

PS: I like your avatar, Are you using Linux ?
I am using Ubuntu
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  #9  
Old 11-06-2008, 09:57 AM
cinok Male cinok is offline
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Join Date: Aug 2008
Location: Eastern OK
Posts: 4,506
Default Re: Who owns the private roads?

In the "subdivision" I live the road are owned by the association until the county takes over the roads which is a slow process.Most of the lots are are financed through the owner of the subdivision and the contract say that the county doesn't have to take over till 60% of the lots are transferred to private ownership the good thing is the county makes them maintain them to be passable by emergency services and school buses. The school bus provision is what keeps our roads in "decent" shape we pay $25 a year in road maintenance fees.
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