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Maine Alliance for Road Associations

Privately owned road - ROW deeded - Who maintains??

  • 30 Jul 2012 10:59 PM
    Message # 1026342
    Deleted user

    We have a deeded ROW on a privatley owned road which is a private road off the main highway.  To access our parcels we cross over the owners land/road.  What maintenamce is requilred by the owner if we have no association to maintain it?  What does Maine law say that the owner of the road has to do to maintian the ROW?  What condition should we expect it to be in? 


    Last modified: 30 Jul 2012 10:59 PM | Deleted user
  • 30 Jul 2012 11:11 PM
    Reply # 1026354 on 1026342
    Deleted user
    Unless there exists some sort of agreement regarding the maintenance of the road, the owner is under no obligation at all to maintain the road for your benefit.  He is obligated to allow you to pass over his land as specified in the right-of-way, but that's it.  

    If you want the road maintained to some particular standard, and the owner isn't maintaining it for you out of the goodness of his heart, then the maintenance is up to those who benefit from the road; that is, you and your neighbors.  Maine law provides a way for you to form an association to provide for the maintenance of your road, and mechanisms to raise money for that purpose and to govern the operation of your association.

  • 30 Jul 2012 11:34 PM
    Reply # 1026371 on 1026342
    Deleted user

    Hi Todd

    Thanks for the reply.  We currently have a loosely formed agreement of sorts where for many years the 18 parcels have been paying dues based on an annual meeting agreement, nothing is binding however since our association is not formally developed.  It is more of a neighbor agreement and we all meet once a year to discuss things that need doing and we pay our dues and get things fixed as needed. 

    Our road owner is also an owner of developed and undeveloped parcels on the same road.  The owner has been arbitrary and capricious lately in telling some people not to park on the road while visiting others or if service vehicles pull off the road to park there truck on the edge of the road.  This process is drving some people nuts.  Anywey, we want to maintain the road but have varied opinions from parcel owners (all deeded ROW ) about how much they should pay per parcel.

    Several part time residents think they should get by a reduced fees since they are not here all the time.  It is crazy.

    Any help on your part to provide clarity would be appreciated.



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