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Generally, residents on a private road must share the expense and responsibility for maintenance unless there exists a formal agreement or deed provision common to the other owners that front on the private road. Maintenance is one of the main disadvantages of purchasing property on a private way. There are different ways that maintenance covenants could be created.

  • Provisions may be set forth in the deeds for each parcel on the road when each parcel is conveyed out by the developer.
  • A separate agreement could be recorded and referred to in the deeds.
  • The owners could create an agreement amongst themselves and record making all future owners subject to the agreement.

If there is no agreement or deed covenant in existence, the California Civil Code requires the cost of maintenance for private roads to be shared equitably by the landowners benefiting from those roads, i.e., each and every owner that has rights in the road. If any owner refuses to cooperate, they must be sued by the other owners.

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Q: Is there a statutory provision for maintenance on private roads in Washington?
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Is there a statutory provisions that defines the responsibility for property owners for maintenance and repair of a private road?

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