Private Road Maintenance Agreements in California: A Buyer’s Guide

A private road maintenance agreement is a recorded contract among the owners who share a private road or access easement. It sets who repairs the road, how costs are split, how decisions are made and what happens when someone doesn’t pay. If there’s no agreement, California Civil Code §845 still requires the easement owners to keep the road in repair and share the cost in proportion to their use. A written agreement settles the questions the statute leaves open, and some lenders look for one.

Many rural estates, ranches and vineyard homes in Napa, Sonoma, Marin and Mendocino counties are reached by a shared gravel or paved lane rather than a county road. Before you buy one, you need to know three things: whether you have a recorded right to use the road, who pays to keep it passable, and whether the road meets the standards that apply if you later build. This guide covers the law, the lender rules, what a good agreement contains and a document checklist for escrow.

What California law requires when there’s no agreement

Civil Code §845 is the default rule for private rights-of-way. It applies whether or not the neighbors ever signed anything.

• Duty to repair: the owner of a private easement, or of the land the easement serves, “shall maintain it in repair.”
• Cost sharing: when several owners share the easement, costs are split according to any written agreement. Without one, costs are shared in proportion to each owner’s use of the road.
• Enforcement: if an owner refuses to do their share or doesn’t pay after a written demand, the others can sue for contribution or specific performance. They can file before, during or after the work. Smaller claims go to small claims court; larger ones go to superior court and are subject to judicial arbitration.
• Venue: without a maintenance agreement, these actions are brought in the county where the easement is located.

The weak point is “in proportion to the use.” The statute doesn’t say how to measure use. A full-time resident at the end of a mile-long road, a weekend owner near the gate and a vineyard sending harvest trucks over the road each have a different view of what fair means. A recorded agreement replaces that argument with a formula.

What lenders look for

Fannie Mae’s Selling Guide (topic B4-1.3-04, Site Section of the Appraisal Report) says that when a property is on a community-owned or privately maintained street, “an adequate, legally enforceable agreement or covenant for maintenance of the street is required.” It lists what the agreement should cover:

• responsibility for paying for repairs, including each party’s share;
• default remedies if a party doesn’t meet its obligations;
• a term that, in most cases, should be perpetual and binding on future owners;
• recording in the land records of the jurisdiction.

There’s an important exception: if state law provides for private street maintenance, Fannie Mae says no separate agreement is required. California has Civil Code §845, so on a conforming loan a recorded agreement may not be strictly necessary. Where neither an adequate agreement nor a statute applies, the lender can still sell the loan but must indemnify Fannie Mae against losses tied to the street’s condition or to establishing or keeping access.

Fannie Mae also says that when a property fronts an atypical street, the appraiser must address how that location affects value and marketability. Other loan programs, jumbo lenders and portfolio lenders set their own rules, so ask your lender in writing at the start of escrow what it needs for a private road. That keeps the question from surfacing days before your loan contingency expires.

What a good road maintenance agreement covers

A sample agreement from the internet is a starting point at best. An agreement that holds up under pressure is drafted for the specific road, parcels and uses, and it addresses these points.

Reading the preliminary title report for access

The preliminary title report lists recorded easements, agreements and covenants as exceptions. For a property on a private road, read those exceptions with a map in hand. Your access depends on recorded rights across every parcel the road crosses between the house and the public road.

1. Get copies of every exception. Ask the title officer for the recorded documents behind each easement, and any road maintenance agreement, not just the one-line summaries.
2. Trace the route. Confirm there’s a recorded easement over each parcel the road crosses. A gap means you rely on a neighbor’s permission rather than a recorded right.
3. Check the terms. Note the width, the permitted uses (ingress, egress, utilities, emergency access) and whether the easement benefits your parcel specifically.
4. Compare the paper to the ground. A traveled road can drift from its recorded location over the years. A survey shows whether the traveled road sits inside the easement.
5. Ask about coverage. Ask the title officer whether the policy will insure access and what any access endorsement covers. See our title insurance guide.

Road associations, recorded agreements and handshake deals

Shared roads tend to fall into three groups. Some have a formal road association with bylaws, officers, a budget and dues. Some have a recorded agreement but no organization, and the owners coordinate as work comes up. Many have nothing written at all, and neighbors split bills by habit.

The first two arrangements carry over when a property changes hands, because they’re recorded. A handshake arrangement lasts only as long as the people who made it. If the road you’re considering runs on an informal deal, assume §845 is the rule, and budget as if you may need to organize the neighbors or pay for repairs before others contribute. Also check with the county whether any part of the road is publicly maintained; status can change partway along the same lane.

Fire access and building plans

California’s Fire Safe Regulations (Title 14, California Code of Regulations, §1270 and following) set access standards for new development in the State Responsibility Area and, for construction approved after July 1, 2021, in Very High Fire Hazard Severity Zones. Under §1270.03, the regulations apply to creating new parcels, building permits for new construction not tied to an existing structure, use permits, and building or extending roads.

Section 1273.01 calls for two-way roads with at least two 10-foot traffic lanes, not counting shoulders and striping. One-way roads need a 12-foot lane, and driveways need a 10-foot lane with 14 feet of horizontal and 13 feet 6 inches of vertical clearance. Many older private roads were built before these standards. If you plan a new home, a guest house or a rebuild, ask the county and fire district early what access standard will apply, and check whether the agreement says who pays for upgrades. Our guides to North Bay fire hazard severity zones and building an estate home in Napa County cover the permit side.

Buyer’s document checklist

Request these during your inspection period, and don’t remove contingencies until each one is answered.

1. The recorded road maintenance agreement, or written confirmation from the seller that none exists.
2. Recorded easement deeds for every segment of the route, and the preliminary title report.
3. A survey or, at minimum, a map showing the traveled road against the recorded easements.
4. Road association bylaws, budget, reserve balance, recent minutes, and any pending or planned special assessments.
5. Bills or invoices for the last few years of grading, paving and culvert work, showing who paid.
6. The seller’s disclosures on disputes, unpaid shares, washouts or neighbor complaints about the road.
7. Your lender’s written requirements for private road access.
8. A drive of the road in wet weather if you can, and an inspection of culverts and drainage.

Road questions usually travel with water and wastewater questions on the same parcels; see our guide to wells, septic and rural utilities in Sonoma County. For Marin, our property access and improvement review walks the access route step by step, and our Mendocino property file covers the records to collect there.

For sellers: what to have ready

A buyer’s lender and title officer will ask the same questions, so answer them before you list. Pull the recorded agreement and easements, gather records of what you and your neighbors have paid, and disclose any dispute or unpaid share. If the road has no agreement and the neighbors are on good terms, a recorded agreement signed before the sale can make the property easier to finance and sell. Our page on California seller disclosures covers the disclosure side.

For larger holdings shared by family members, where several homes use one road, see buying and planning family compounds, and for ranch parcels, our guide to ranch and acreage properties in Sonoma County.

Questions people ask

Is a private road maintenance agreement required in California?

No state law requires owners to sign one. Civil Code §845 already obliges easement owners to maintain the road and share costs in proportion to use. Some lenders and buyers still ask for a recorded agreement, and it’s the only way to fix a specific cost formula.

Who pays to maintain a private road if there’s no agreement?

Under Civil Code §845, the owners who share the easement pay in proportion to their use of it. If one refuses after a written demand, the others can sue for contribution, in small claims court for smaller amounts.

Does Fannie Mae require a private road maintenance agreement?

Fannie Mae requires a legally enforceable maintenance agreement or covenant for a privately maintained street, unless state law defines the owners’ maintenance duties. California’s Civil Code §845 does that, so a separate agreement may not be needed on a conforming loan. Other loan programs and lenders set their own rules, so confirm with yours in writing.

Can a neighbor refuse to pay for road repairs?

They can refuse, but §845 lets the other owners recover the refusing owner’s share through the courts after a written demand. A recorded agreement with default remedies makes collection simpler.

How do you create a road maintenance agreement?

Identify every parcel that uses the road, agree on a cost formula and decision rules, have a real estate attorney draft the document, then have all owners sign before a notary and record it with the county recorder. Everyone has to sign for it to bind every parcel.

Does a road maintenance agreement transfer to a new owner?

A recorded agreement written to run with the land binds later owners. An unrecorded or informal arrangement generally doesn’t, which is why buyers should ask for the recorded document.

This is general information, not legal advice; talk to a California real estate attorney about your situation.

If you’re looking at a country estate or acreage on a shared road in Napa County or elsewhere in the North Bay, we can help you pull the easements, agreements and road history before you commit. See our luxury and estate property services or contact us about a specific property.

Sources & notes

• California Civil Code §845 (maintenance of easements), via California Public Law
• Fannie Mae Selling Guide: B4-1.3-04, Site Section of the Appraisal Report (June 4, 2025)
• 14 CCR §1270.03, Fire Safe Regulations scope, via Cornell Legal Information Institute
• 14 CCR §1273.01, road width standards, via Cornell Legal Information Institute

Last reviewed October 2026 by Matthew Martinez.