A Road Maintenance Agreement is applied to private roads. A private road is a road that is owned and maintained by a private individual and not by the government. This most common type of private roads are called residential roads, and are owned and maintained by a home owners’ association. A private road is often built to gain access to a private property but can also be used by the public, depending on what conditions are set by the owners.

Now that we understand what a private road is, we can correlate that to Road Maintenance Agreement Forms, which are drafted by the owners of a private road to agree on certain conditions for the maintenance of the private road.

Private Road Maintenance Agreement Form

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Road Maintenance Agreement Form in PDF

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Roadway Maintenance Agreement Form Example

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Road Maintenance Agreement Form in Word

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When drafting a Road Maintenance Agreement Form, it is important to keep in mind that the agreement is not only applicable to the current owners of the land, because the agreement will persist as long as the land persists. Hence, a Road Maintenance Agreement will also be applicable to the future owners of the land. That being said, it is important to draft an agreement that has the following elements:

  •  Define each homeowner’s responsibility for the maintenance and repair of the road.
  • Include a remedy in case of a homeowner’s failure to comply.
  • Define the effective terms of the agreement.
  • Have all the homeowners sign the agreement.
  • Attach all legal documents necessary for the property and have the agreement notarized and recorded in the appropriate county.

In road maintenance, you may also need to lease some equipment. For this, you will need to whip up Equipment Lease Agreement Forms.

Free Road Maintenance Agreement Form

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General Road Maintenance Agreement Form

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Road Maintenance Agreement Form Format

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Importance of a Road Maintenance Agreement

  • It can help to avoid legal disputes among homeowners and the owners of the land because it will set how road maintenance will be done and paid for.
  • Road maintenance ensures that access to the property is continuous. Lack of road maintenance can make the road impassable. This can affect the value of the houses in the property.
  • A Road Maintenance Agreement also ensures that the road is properly maintained. Consistently maintaining a road is important for environmental reasons as well. For example, it can be used to address the standards for the proper storage and application of road salt. This is to avoid over-salting of the roads which can run off the side of the road and harm the environment in a number of ways. The chloride in salt does not have adverse effects to humans but it is toxic to aquatic life. Also, sodium can affect the water’s ability to buffer acid deposition, which ultimately alters the aquatic environment. Sodium can contaminate drinking water, which can affect people with medical conditions that require a low-sodium diet, such as hypertension.

A good Road Maintenance Agreement serves a lot of purposes. It is important to cover every necessary detail to avoid disputes and problems. You may also check out our Rental Agreement Formats for rental agreements between a landlord and a tenant.

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