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Maine Alliance for Road Associations

Who owns the private road?

  • 07 Aug 2012 5:05 PM
    Message # 1041353
    Deleted user

    We are having an "issue" on our private road.  Do we all own the road in common?  Or is each individual lot owner only liable for that portion of the road directly in front of their home?  I want to present the answer at our next meeting in September.  Thank you

    Joann Wallace

    Last modified: 25 Aug 2012 1:09 PM | Deleted user
  • 05 Sep 2012 7:49 PM
    Reply # 1065445 on 1041353
    I'll take a stab at this one which may generate some discussion (hopefully).

    I own property on a road considered to be private but its history is somewhat uncertain.  My neighbors and I have been trying to answer that very question for seven years but are still unable to establish a definitive answer.  However, I will argue that it really doesn't matter unless someone stands up and can establish ownership (paying taxes on the land for instance). What is more important is who has interest in the road or right of way, and who is (legally) allowed to establish a road association, take control of the road/row and to what extent.  On our road(s), this is a horror show unfortunately.  I hope your situation is more tenable.  
  • 05 Sep 2012 8:13 PM
    Reply # 1065461 on 1041353
    Deleted user
    Unfortunately, nobody here can possibly answer that question for you.  The answer lies in your property deeds. They will tell you if you own the land the road passes through, or if you merely have an easement, or right-of-way, to use the road.

    Unless you and your neighbors belong to some sort of common interest ownership community, you almost certainly don't own the road "in common".  It's possible that some of you own the portion of the road abutting your property. It's also possible that one or more of you own portions of the road, with the rest having easements to use the road.

    The only way to know is to read the deeds.
  • 12 Oct 2012 3:14 PM
    Reply # 1101982 on 1041353
    Deleted user
    If a person pays taxes on that road, one would assume they are the owner. What happens when an association is formed, dues paid, maintenance done, does the owner lose the rights to that road (doing their own maintenance/destruction)? or merely are we wasting our time & money because he doesn't want the association (BTW-he wrote the association that is in all of our deeds)

    Thanks for your help

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