Private Road Maintenance Agreement in Washington State: What You Need to Know
If you live in a rural area of Washington State, chances are you may be part of a private road. Private roads are not maintained by the state or county but rather by the road’s users. Homeowners who live on a private road are responsible for maintaining it, which includes snow removal, repair, and paving.
In order to avoid disputes and confusion among its residents, many private roads have a Private Road Maintenance Agreement (PRMA) in place. A PRMA is a legal document that outlines the responsibilities of each property owner with regards to the maintenance and repair of the private road.
Why Do You Need a PRMA?
Having a PRMA is essential for private road residents to ensure that everyone is on the same page regarding road maintenance. Without a PRMA, there may be disagreements among the property owners regarding how much they should contribute for road maintenance costs, who is responsible for certain repairs, and what standards should be followed when maintaining the road.
When it comes to selling a property on a private road, having a PRMA can also help reassure potential buyers that the road will be well-maintained and in good condition.
What Should be Included in a PRMA?
A PRMA should include the following:
1. A description of the private road, including its location and boundaries.
2. A list of all property owners who are responsible for maintaining the road.
3. A description of each property owner’s responsibilities, including the percentage of costs they must contribute towards the maintenance of the private road.
4. How decisions concerning repairs and maintenance will be made.
5. A plan for dealing with any disputes that may arise.
6. A provision detailing how the agreement can be amended if necessary.
7. How the PRMA will terminate.
How is a PRMA Enforced?
A PRMA is a legally binding contract, which means that if a property owner fails to meet their obligations, they can be held accountable. However, enforcing a PRMA can be complicated, and legal action may be necessary to compel a property owner to fulfill their duties.
Final Thoughts
If you live on a private road in Washington State, having a PRMA is essential to ensure that everyone is on the same page regarding road maintenance. While it may seem like a hassle to draft and sign such an agreement, it can save you a lot of trouble in the long run.
To ensure that your PRMA is legally valid and comprehensive, it is best to seek the advice of an attorney who has experience in drafting and reviewing such agreements. By doing so, you can be confident that your agreement will be enforceable and that your private road will be properly maintained.