Can A Private Road be Maintained by the Public?

Full question:

can a person own half of a town road that is maintained by the town

• Category: Real Property
• Subcategory: Partition
• Date: 04/07/2025
• State: New York

Answer:

It is possible to have a maintenance agreement involving a private roadway. I suggest calling the local zoning or land use department to inquire about the particulars involved, as regulations vary by local area.

The following is an example of a municipal ordinance governing private road maintenance agreements:

4.2.8 A permanent private maintenance agreement shall be required of all access easements serving two or more lots. The agreement, in proper form, shall be recorded in the Loudoun County land records and reflected in the chain of title of such lot in order to set forth that the construction, repair and maintenance of the roadway connecting such lot to the public road is not the responsibility of the Town or the State and to set forth legal binding responsibilities for the parties who are responsible for construction, repair and maintenance, including snow removal, and all pertinent details. The agreement shall be between the owner of the lot, the contract purchaser, and all other parties, if pertinent to the purpose of the agreement.

The following is a Port Jervis ordinance:

§ 492-2 Responsibility for trimming; minimum clearances; noncompliance with notice.

A. Property owners shall be responsible for all trees between the curb and sidewalk that abut a public street. Every owner of any tree overhanging any street or right-of-way within the City shall prune the branches so that such branches shall not severely obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear surface of 14 feet above the street surface or nine feet above the sidewalk surface.
B. The City shall have the right to prune any tree, shrub or bush on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign at intersections.
C. Each and every week that such trees remain untrimmed after receipt of proper notice by the Director of Public Works shall be deemed a separate and distinct violation of this section.
D. Where said notice is not complied with within 10 days after the same has been received, the Director of Public Works may trim such trees, shrubs or bushes at the expense of the owner so that they shall comply with the provisions hereinbefore stated.

For further information, please see:

http://www.coldspringsexcelsior.org/coldsprings/Private%20Road%20Ordin%206-2-03.pdf
http://www.communityplanning.biz/counties%20and%20twps/pike/Milford/comp%20plan/11%20transportation.pdf