If you’re buying land in a rural part of Colorado, the road to your future home might be private or shared. That means it’s not maintained by the county—and you may need a road maintenance agreement to satisfy lenders, ensure access, and avoid disputes down the line.
What Is a Road Maintenance Agreement?
It’s a legal document that outlines who is responsible for maintaining a private or shared road. These agreements typically cover:
- Gravel grading and snow removal
- Cost-sharing among neighbors
- Access rights for emergency vehicles
- Responsibility for repairs
Why Lenders Require It
Mortgage lenders and title companies want to ensure:
- The road will be maintained and usable year-round
- No future legal disputes will restrict access
- You can get in and out during emergencies or winter months
Most lenders require a signed and recorded road maintenance agreement for any parcel accessed by a private or non-county road.
Common Issues Without One
- Neighbors refusing to pay for repairs or plowing
- Degraded road conditions making access difficult or impossible
- Insurance issues and liability concerns in case of accidents
What Should Be Included?
- Maintenance schedule (annually, seasonally, etc.)
- Cost allocation method (equal shares, by frontage, etc.)
- Process for decision-making and conflict resolution
- Signatures of all current landowners involved
Final Advice
Never assume a road is maintained just because it looks drivable. Always check your title work and ensure your agent or attorney verifies the existence and validity of any road agreements.
Need help verifying access or drafting an agreement?
Contact Christine Gwinnup – The Little Lady Sells Homes
