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Maine Alliance for Road Associations

A Private Road for the Public to use?

  • 01 Feb 2015 7:06 AM
    Message # 3215083
    Deleted user
    We live in a private subdivision and have a road association. The road is   designated as being a private road that benefits the 12 landowners and of which we are responsible for the maintenance of it.


    However, during a recent discussion with the Sheriff, when I read him the Maine DOT definition of a private road, he said that it is a private road that is for the public to use and that if we tried to stop someone from using it, we would not be successful in the courts. 

    For us, we are more concerned about whether or not this applies to recreational activity, like snowmobilers who seem to have turned it into their self designated trail.

    Anyone have any feedback on a private road also being a public road??

  • 01 Feb 2015 8:27 AM
    Reply # 3215108 on 3215083
    Deleted user

    It sounds like the sheriff may have been referring to the definition of a private way, not a private road. 

  • 01 Feb 2015 5:29 PM
    Reply # 3215411 on 3215083
    Deleted user

    Todd, I think you are correct. 

    This all came about because we now have one landowner in our private subdivision that is allowing snowmobiling traffic to outsiders from all surrounding territories to use his property as a thoroughfare. This excessive traffic is creating a hazard for the vehicular traffic that this road is only designed for and is stated in all the deeds. We all understand that he can do what he wants with his property but the association owns the road and we feel that he should not be allowing that type of traffic to come onto the road. His opinion is that he can let anybody use his property any way he wants and that it is not his problem how they get there or leave it.

    Last modified: 01 Feb 2015 5:30 PM | Deleted user

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