Private Road Maintenance Agreements

Private Road Maintenance Agreements

Attorney Roz Koether, from Cohen and Wolf, P.C., attended our sales meeting this morning and covered the need for Private Road Maintenance Agreements and how they impact buyer financing and closings. There are over 400 private roads in the town of Westport and tighter restrictions from lenders are requiring a formal agreement. Fannie Mae is requiring a written agreement prior to lending on a property/home. Sellers need to be aware that lack of a Private Road Maintenance Agreement may delay a closing and buyers also should inquire if an agreement has been formalized early in the purchasing process. The process includes involving each homeowner on the road to agree to what their share of  maintenance and improvements will be for the road. So, the process can take a considerable amount of time depending on the number of homeowners that need to be contacted and the extent of the agreement.

Here is additional information from Fannie Mae:

If the the property is located on a community owned or privately owned and maintained street, Fannie Mae will now require the following:

1. An adequate, legally enforceable agreement or covenant for maintenance of the street. The agreement of covenant should include the following provisions and be recorded in the land records at town hall:

  • Responsibility for payment of repairs, including each party’s representative share.
  • Default remedies in the event a party to the agreement or covenant fails to comply with his or her obligations.
  • The effective term of the agreement or coverant which, in most cases, should be perpetual and binding on any future owners.

Contact Attorney Koether for legal counsel and additional information on Private Road Maintenance Agreements and what you may need to do as a seller and what to expect if you are a buyer who may purchase a home on a private road. Attorney Roz Koether can be reached at (203)341-5330 or at  320 Post Road West, Westport, CT 06880.


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