Private Roads, New York State & Fannie Mae

[frozone]

I have a property located on a private road in NYS with no road maintenance agreement per the homeowner. Seems the homeowners just pitch in for maintenance every year. Anyone know or can point me in the direction of NYS law on private road maintenance since that will suffice for Fannie. I've researched this and came up with nothing solid.

 

[jay trotta]

Should be in the Deeded rights, don't know that a "Private Road" would have a State requirement; the local municipality may have something on "private and/or paper roads", but would research the municipality first, in regards to access for Health & Safety requirements.
Good Luck

 

[glenn walker]

First when you say private road - Is this a road or just a private dirt easement that is shared by adjacent neighbors to access their properties ? If so normally a State or County would not be involved so why not just do the report and state the facts that you know - Private dirt road or easement shared by adjacent neighbors and according to the owner there is no road maintenance agreement. At that point the lender will either go with it or not. They could tell the owner to get an-agreement or they may let it go . The one question that may come up is if the road is an-all weather road - Which simply means is it wide enough and maintained well enough for emergency vehicles like fire trucks-police or ambulances and if it is then your done and let the lender do what is required.

 

[Mike Kennedy]

Quick Google search info MAY HELP (suggest verification).

Private Road Maintenance Agreement Requirements for FHA, VA, USDA, Fannie Mae
http://teammovemortgage.com/2017/03/07/private-road-maintenance-agreement/



p.s. OP - where in NYS ?

 

[frozone]

Thank you for the feedback. To clarify, this is an actual named street with most homes constructed in the 1930-50's. The area is located around a lake and was originally developed primarily with small, second residence cottage type homes. The street is recorded on the plat and maps/GIS as a street with no indication that it is a private street. I contacted the town highway department and they stated that the town "owns the easement" and it is a public access road, however it was never dedicated therefore the town is not required to maintain it. I contacted the lender since their engagement letter has some stipulations on private roads and they requested the report be completed subject to a maintenance agreement. Luckily I was able to find 1 comp and 1 listing with a similar situation.

 

[jay trotta]

Thank you for the feedback. To clarify, this is an actual named street with most homes constructed in the 1930-50's. The area is located around a lake and was originally developed primarily with small, second residence cottage type homes. The street is recorded on the plat and maps/GIS as a street with no indication that it is a private street. I contacted the town highway department and they stated that the town "owns the easement" and it is a public access road, however it was never dedicated therefore the town is not required to maintain it. I contacted the lender since their engagement letter has some stipulations on private roads and they requested the report be completed subject to a maintenance agreement. Luckily I was able to find 1 comp and 1 listing with a similar situation.

Under the municipality, it is more than likely, what they consider a "paper road", as it never met zoning requirements and they were not obligated to maintain it ; the Town reserves the right to make it conform to; zoning, Health & Safety standards via the State & Municipality, if the issue is pushed for it to become a Town Maintained road.
Good Luck

 

[frozone]

Quick Google search info MAY HELP (suggest verification).

Private Road Maintenance Agreement Requirements for FHA, VA, USDA, Fannie Mae
http://teammovemortgage.com/2017/03/07/private-road-maintenance-agreement/



p.s. OP - where in NYS ?

Evans NY by Lake Erie.

 

[Mike Kennedy]

https://www.google.com/search?q=Evans+NY&oq=Evans+NY&aqs=chrome..69i57&sourceid=chrome&ie=UTF-8

suggest meeting with both:

Jeneen Hill
Code Enforcement Officer

(716) 549-5753

(716) 549-0456

Email

8787 Erie Road
Angola, New York 14006

Roberta Rappoccio
Director of Planning & Community Development

(716) 549-0945

(716) 217-3595

Email

8787 Erie Road
Angola, New York 14006

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