How to Avoid the Pitfalls of Private Road Ownership

Written by Timber Home Living Editors

Many timber frame homes are set on plots of land accessed by only a shared private road. Sharing a private road with your neighbors can strain even the best of friendships. Simmering anger over private road maintenance agreements can lead to shouting matches at neighborhood meetings or even legal action. In one extreme case in rural Colorado, tensions ran so high that neighbors threatened neighbors at gunpoint. Real estate experts say Hatfield and McCoy-type showdowns are rare, but to avoid bad feelings — and potential lawsuits — it is critical to understand private road laws and what you're getting into when you buy land accessed by a shared, private road.
Here, we help you navigate through the many possible pitfalls of private road ownership, including road construction, maintenance agreements, landowner costs, private road laws, and access.

What Does It Mean to Live on a Private Road?

The issue should be top of mind for any consumer thinking of having a house built because private roads have become increasingly common across the country in the last 20 years, in developments large and small, in rural, suburban and urban areas, says Roger Winston, a real estate attorney with the Bethesda, Maryland, firm of Ballard Spahr Andrews & Ingersoll. "Municipalities across the country are less and less inclined to take responsibility for new roads," he says. The major reason why? Money, or lack thereof.
 
You're even more likely to encounter private roads if you're looking at timber frame house construction. These types of houses often are built in rural areas or in developments with large lots on land accessed by private roads, timber frame builders say. "We build very few homes in areas that are maintained by the local department of transportation. "We've done five out of 300 in the last 10 years," says Bonnie. "Most timber frame homeowners do build in subdivisions that are accessed by private roads."
 

What Property Can Have Private Roads?

It all starts with access. If you can't get to a piece of property — either for lack of an adequate or legally recorded easement or because the terrain prohibits a cost-effective, practical way to put in a road — it's not the place for your dream home. As you look at property, you may run across lots with easements.
 

What Is an Easement? 

An easement can serve as a legal right of way that allows for the establishment of a shared private road. It's critical to understand the scope of an easement — who has access to the road and who is responsible for maintaining it.