Road Rules: What Every Homebuyer Needs to Know About Private, Public, and Shared Roads

Recently, we've been helping two wonderfu clients who are on the hunt for something special--a home with enough acerage to start raising sheep and ducks and give their adventurous dog the space to roam free. Together we've been putting some serious mileage on the cat, exploring the beautiful countryside and moutain roads. 

On one of our trips, we found ourselves down a picturesque gravel road that would through teh hills for 3 miles. It got me thinking--how many other people are looking for their dream home down a country road. But here's the thing.....

When most people start shopping for a home, they tend to focus on the house itself: square footage, number of bedrooms, and maybe even that dream kitchen. But have you thought about the road leading to your potential new home?

Roads aren’t usually top of mind, but the type of road can significantly affect your daily life as a homeowner and even your wallet. In this post, we’ll break down the key differences between public roads, private roads (both with and without HOAs), homes on roads with no maintenance agreement and other road situations you may encounter when buying a home.

Public Roads: The Common Path

Public roads are maintained by your local government—whether it’s the city, county, or state. These roads are typically funded through taxes, so homeowners don’t bear the responsibility of paying for their upkeep directly. The government handles repairs, snow removal, and maintenance. On these type of roads you will usually notice signage and sometime lines are painted. You may also notice curbs and sidewalks.

While this is convenient, there are some trade-offs. Public roads are subject to traffic regulations, parking restrictions, and sometimes noise from the larger volume of vehicles. But overall, living on a public road is the most straightforward option for most homebuyers.

Pros of Public Roads:

• No direct cost for maintenance.
• Government handles repairs, snow plowing, and upkeep.
• Typically well-maintained.

Cons:

• Subject to traffic and parking restrictions.
• May be noisier due to higher traffic.

Private Roads with an HOA: Controlled but Convenient

Private roads maintained by a homeowners association (HOA) are common in gated communities or planned developments. The HOA is responsible for the maintenance and upkeep of these roads, and you contribute to that cost through your HOA fees. Sometimes the roads look like public roads if it is a larger community and sometimes they look like the above picture if the community of homes is smaller and are on larger properties.

The upside? These roads are often well-maintained and come with the perks of a cohesive community. The downside is that the HOA sets the rules, so if they decide it’s time to repave the road or make other improvements, your fees could increase.

Pros of HOA-Maintained Private Roads:

• Usually well-kept and aesthetically pleasing, but it does depend on the size of the comunity and the board.
• Costs are shared among the community through HOA fees.

Cons:

• HOA rules can dictate when and how repairs are done.
• Increased fees if road maintenance costs rise.

Private Roads with a Maintenance Agreement: Shared Responsibility

Not all private roads come with the benefit of an HOA. In more rural or less structured communities, private roads might be maintained through an agreement between the homeowners who share access.

In this case, you and your neighbors are collectively responsible for the upkeep. This can be done informally, or there could be a written maintenance agreement that spells out how much each homeowner contributes and when and might even be attached to title.

The important thing to know is that these agreements aren’t always ironclad. Without clear terms, you could end up in disputes with neighbors over who pays for repairs, or worse, you might be left holding the bill if no one takes responsibility.

Pros of Private Roads with Maintenance Agreements:

• More control over road maintenance.
• No HOA fees or rules to follow.

Cons:

• Potential for disputes over maintenance costs.
• Lack of formal agreement could lead to unexpected expenses.

Shared Driveways and Easements: Neighbor Cooperation Required

Sometimes, instead of an entire road, you may share a driveway or have an easement for access to your property. In this case, you’ll likely have a legal agreement with your neighbors about maintenance responsibilities. Generally any easements will be on title.

These situations can be straightforward, but they can also lead to headaches if there’s no clear understanding of who’s responsible for upkeep. Before buying a home with shared access, make sure the agreement is in writing and that both parties are on the same page.

Pros of Shared Driveways:

• Typically lower maintenance costs since they are shared.
• Legal agreements can make responsibilities clear.

Cons:

• Requires cooperation between neighbors.
• Disputes can arise over costs or repairs.

Unmaintained or Off-the-Grid Roads: Buyer Beware

In more rural areas, you might encounter unmaintained roads or roads that aren't part of any formal agreement. These are often gravel or dirt roads that the homeowners are solely responsible for maintaining. In areas of the country wehere weather can be harsh on the roads, maintaining them can be costly.

While this offers a lot of freedom, it also means taking on significant responsibility. You might have to arrange for snow removal, grading, or even more extensive repairs. Additionally, lenders may be hesitant to approve loans for properties with inadequate road access, which could complicate the buying process.

Pros of Unmaintained Roads:

• Greater control and freedom over your property.
• Lower initial costs if you don’t need immediate improvements.

Cons:

• High long-term maintenance costs.
• Potential difficulty securing financing.

Why This Matters for Homebuyers

As you can see, the type of road leading to your new home can impact your life in many ways. The key is to understand what you’re getting into before you sign on the dotted line. Here are a few important questions to ask during the home-buying process:

1. Is the road public or private?
2. If private, is it maintained by an HOA or through a maintenance agreement?
3. Are there any legal agreements in place for shared driveways or easements?
4. What are the costs associated with maintaining the road, and are they included in any HOA fees or maintenance agreements?

Road access may not be the first thing you think about when buying a home, but it can have a major impact on your lifestyle and budget. Whether you’re driving on a public street or navigating a rural dirt road, make sure you understand how the road you live on will be maintained and how it fits into your financial picture.

At Rethinking Real Estate, we make sure no stone—or road—is left unturned in your home-buying journey. If the property you're considering is on a private road or shared driveway, we’ll dig into the details to see if a formal road maintenance agreement is in place. We’ll carefully review title documents and deeds to identify any existing agreements, and if there isn’t one, we’ll guide you in getting a written agreement to protect your investment. Our goal is to ensure that you won’t be hit with unexpected maintenance costs or disputes after you move in, giving you peace of mind about your new home.

At Rethinking Real Estate, we’re here to help you make informed decisions. If you have any questions about road access, maintenance agreements, or anything else related to home buying, don’t hesitate to reach out!