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An Access Road Maintenance Agreement – What You Need to Know

An Access Road Maintenance Agreement (ARMA) is a legal document that outlines the responsibilities and rights of the parties involved in maintaining a private access road. It is an agreement between the owners of the land that the road runs through and the users of the road, such as neighbors, homeowners associations, or businesses.

Most private access roads are not maintained by any government entity and rely on the owners or users to maintain them. This can lead to disagreements between the parties involved, especially if one party is not contributing to the upkeep of the road.

An ARMA can help to avoid these disagreements by clearly outlining the responsibilities of each party. The agreement can cover topics such as:

– Who is responsible for maintenance and repairs

– The frequency of maintenance and repairs

– The cost of maintenance and repairs

– The use of the road and any restrictions

– Any penalties for not following the agreement

One of the most important aspects of an ARMA is to ensure that it is enforceable. This means that it must be signed by all parties involved and comply with any applicable state or local laws. It is recommended that all parties involved seek the advice of an attorney to draft the ARMA.

In addition to avoiding disputes, an ARMA can also have positive benefits for the owners and users of the road. By sharing the responsibility and cost of maintenance, the burden on individual parties is reduced. This can lead to a stronger sense of community and cooperation among the parties involved.

Another benefit of an ARMA is that it can potentially increase the value of the land that the road runs through. A well-maintained access road is an attractive feature to potential buyers or renters, and can even increase property values.

In conclusion, an Access Road Maintenance Agreement is a valuable tool for any private road owner or user. It can help to avoid disputes, promote cooperation, and potentially increase property values. If you are involved in a private access road, it is recommended that you consider drafting an ARMA with the help of an attorney.