For many years this seemed to be a minor issue with regard to buying and selling property on a private road because in most cases there was an underlying easement along the roadway which gave legal access to the property. But these days having legal access with a recorded easement is not sufficient with regard to the maintenance of the ingress and egress to the property by way of a private road.
It would be wise to make a determination whether or not a property has a set of covenants and restrictions, or a homeowners association which has been recorded and is ongoing and buyers should investigate all aspects of the road maintenance and the agreements that come with the property their purchasing or must be conveyed to other parties before they sell the property or are able to purchase it or borrow money.
I recently sold a quadruplex located in the City of Tallahassee limits but on a road that was not maintained by the City of Tallahassee. This was a purchase wherein the buyer was using a typical VA purchase program. The underwriter reviewed the existing covenants and restrictions and made a determination that the loose band of sellers 30 years ago back in the 80’s had not really actually formally agreed that they would be individually responsible for road maintenance of Shallow Brook Lane which is right next to Hilaman golf course, off Blairstone Road in Tallahassee.
And even though there was an active homeowners association consisting of these property owners the underwriter wanted updated affirmative statements with regard to the maintenance of the road going forward. In all there were nine different property owners in a half dozen locations and we had to reach out to all them to get unanimous approval from each of them before we would have a new agreement codified and able to be recorded.
Property owners who are on private roads are wise to get together with their neighbors and come up with a road maintenance agreement long before they actually need one in order to sell their property or borrow money against it or need maintenance. Property owners who live on private roads at least have some resources to go to so that their private road is passable for emergency vehicles and general day-to-day operation. Leon County has road maintenance services available to private road owners for a fee. They have big tractors and equipment and understand how to maintain the road with a proper grade and the best aggregate mixes to use.
If you are considering purchasing a property which is on a private road it would be advisable for you to discover whether or not there is an official road maintenance agreement recorded in the county that you are looking to purchase. This usually requires a title search which can reveal whether or not easements were properly recorded for the roadway in question. This is something that buyers as well as sellers should try to make a determination of before they put their property on the market and set into motion all sorts of other things like getting mortgages, surveys, and the entire transaction process only to then discover that they have to go find people in a unknown location to sign documents to perfect the title so that there is an agreement in place and in force.
Steve Wright is the owner and broker at Investors Realty of Tallahassee and a practicing real estate broker since 1988. He can be reached at [email protected] or 850.510.4312