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Maine Alliance for Road Associations

What type of road do I live on

  • 18 Nov 2010 8:34 AM
    Message # 465260
    Deleted user
    I have lived on a private road for over a year now.  I am still very confused about how this all works.  The only road association or documentation for road maintenance is a copy of this:

    http://www.maine.gov/dep/blwq/docwatershed/road_assoc_appendix/appendix_g.pdf

    Which has the road i live on's particulars and is on file with the registrar of deeds. 

    What type of association is this?

    One person owns most of the road. Can he forbid recreational vehicles to pass on the portion of the road that he owns? 

    I am soooooo confused and in need of help. 
  • 19 Nov 2010 5:50 AM
    Reply # 465982 on 465260
    Anonymous member (Administrator)
    There may be no association, just a private road. You may need to form an association if you want to share maintenance costs. You say one person "owns the road." How many other people have parcels they use to get to by the road? Is their access deeded? These are questions you may want to find answers to. 

    First off, what is the problem? Do you want a road association for maintenance reasons?
     
  • 19 Nov 2010 6:41 AM
    Reply # 465986 on 465982
    Deleted user
    Betsy Connor Bowen wrote:There may be no association, just a private road. You may need to form an association if you want to share maintenance costs. You say one person "owns the road." How many other people have parcels they use to get to by the road? Is their access deeded? These are questions you may want to find answers to. 

    First off, what is the problem? Do you want a road association for maintenance reasons?
     

    There are 6 Lots on this road,  The Access is deeded, and the deed states

    The " Ingress and egress instalation and maintence of utilities and all purposes for which a town way may be used"  a little para phrase.

    The Road also has a maintenance agreement verbatum what is posted on the link that i posted on file with the cumberland county registars of deeds. 

    First problem is, yes, maintenance. 

    Second problem is Snowplowing, does a plowing person have to be Bonded? 

    Basiclly everytime the assocaiton meets and decided on somehting he says that since i own the road you can't do that? Or here are some redicoulus stipulations. 

    Gary

     

  • 20 Nov 2010 7:20 AM
    Reply # 466625 on 465986
    Anonymous member (Administrator)
    Gary Lytle wrote:
    Betsy Connor Bowen wrote:There may be no association, just a private road. You may need to form an association if you want to share maintenance costs. You say one person "owns the road." How many other people have parcels they use to get to by the road? Is their access deeded? These are questions you may want to find answers to. 

    First off, what is the problem? Do you want a road association for maintenance reasons?
     

    There are 6 Lots on this road,  The Access is deeded, and the deed states

    The " Ingress and egress instalation and maintence of utilities and all purposes for which a town way may be used"  a little para phrase.

    The Road also has a maintenance agreement verbatum what is posted on the link that i posted on file with the cumberland county registars of deeds. 

    First problem is, yes, maintenance. 

    Second problem is Snowplowing, does a plowing person have to be Bonded? 

    Basiclly everytime the assocaiton meets and decided on somehting he says that since i own the road you can't do that? Or here are some redicoulus stipulations. 

    Gary

     

    You are not in bad shape here. The maintenance agreement forms a road association. The gentleman is incorrect in blocking things because "he owns the road." There is deeded access for members. (Do you know the owners of al parcels? Are they there at meetings? They are the members of your association.) One person does not have the right to overrule the association. You are formed as a nonprofit. If you run into trouble getting people to pay their share of maintenance, then you can invoke section 9. You can proceed by majority rule to make decisions regarding who does the plowing, bonded or not. There is no requirement for bonding that I see, but the majority shall govern.  
  • 20 Nov 2010 7:26 AM
    Reply # 466627 on 466625
    Anonymous member (Administrator)
    Betsy Connor Bowen wrote:
    Gary Lytle wrote:
    Betsy Connor Bowen wrote:There may be no association, just a private road. You may need to form an association if you want to share maintenance costs. You say one person "owns the road." How many other people have parcels they use to get to by the road? Is their access deeded? These are questions you may want to find answers to. 

    First off, what is the problem? Do you want a road association for maintenance reasons?
     

    There are 6 Lots on this road,  The Access is deeded, and the deed states

    The " Ingress and egress instalation and maintence of utilities and all purposes for which a town way may be used"  a little para phrase.

    The Road also has a maintenance agreement verbatum what is posted on the link that i posted on file with the cumberland county registars of deeds. 

    First problem is, yes, maintenance. 

    Second problem is Snowplowing, does a plowing person have to be Bonded? 

    Basiclly everytime the assocaiton meets and decided on somehting he says that since i own the road you can't do that? Or here are some redicoulus stipulations. 

    Gary

     

    You are not in bad shape here. The maintenance agreement forms a road association. The gentleman is incorrect in blocking things because "he owns the road." There is deeded access for members. (Do you know who the owners of all parcels are? You can get that from the town. Are they there at meetings? They are the members of your association.) One person does not have the right to overrule the association. You are formed as a nonprofit. If you run into trouble getting people to pay their share of maintenance, then you can invoke section 9. You can proceed by majority rule to make decisions regarding who does the plowing, bonded or not. There is no requirement for bonding that I see, but the majority shall govern.  
    PS All this assumes the maintenance agreement is correctly filed and is upheld by the deeds. Since it is on file with the Registrar of Deeds, I am assuming it is. 

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