Maine Alliance for Road Associations
A farm on a lake is subdivided into waterfront and back lots. A private road is created by the family to access the lots and they retain ownership of the road. The deed to the lots also state the owner is granted a "right to travel" the privately owned road. Years go by and a road association now owns the road. The last lot, a back lot with just a smidge of a property line is sold with an address on another road. The deed did not convey a right to travel the road from the family. Can you just presume the right? If your association has a similar scenario, I would be interested in knowing if it is common or necessary to have "right to travel" across your private road in your deed. We are a non profit and our by-laws state if you have an improved lot that abuts the road you are a member and maybe that in and of itself grants a right to travel? If there were no road association, there would be no right? Thank you for your time in weighing in.
A few questions.
1) You say the road association now owns the road. Was the road actually deeded to the association by the former landowner, or do you simply mean that there is now a road association that has assumed responsibility for the road?
2) Is it a Statutory Road Association established under 23 MRS 3101-3104, following the proper procedure for notifying the owners of all benefited properties?
3) Do the owners of that last lot actually use or have any intent to use the road?
I can give you a better answer once I know the answers to those questions.
The Maine Alliance for Road Associations