Who is responsible to maintain private road with right of way access?

Asked about 2 years ago - 02601

I have a legal right of way access to use my neighbors private road to reach my property. The road has deteriorated to the point where it is not safely passable. Who's responsibility is it to maintain this road? In addition, I am concerned that emergency vehicles can no longer access my property?

Attorney answers (2)

  1. Erik Hammarlund

    Contributor Level 18

    Answered . Start by reading the document under which you obtained the rights.

    In most cases, easements do not create obligations on the owner of the underlying property. However, roads are a common exception: the costs for maintenance are more often set forth in an easement.

    You would be well advised to bring the document to an attorney for review.

    Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask... more
  2. Robert Lincoln

    Contributor Level 10


    Lawyer agrees

    Answered . The general rule would be that you are responsible for maintaining the easement in a passable/usable condition unless the easement itself provides something different. You need to find that document (it may be in your deed or may be recorded separately) and review it. If it is not clear, you need to talk to an attorney.

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