Who Owns the Road? Understanding Private Roads, Shared Driveways, and Access in Maine
When you’re looking at a home in Maine, the road leading to the property may not be a public road—and that isn’t necessarily a problem.
In our recent blog post, Buying Land in Maine: What to Investigate Before You Make an Offer, we covered questions buyers should ask before making an offer, including how they’ll actually access the property. That question deserves a closer look, because getting to a property isn't always as simple as turning onto a public road.
In rural areas and along the Maine coast, private roads, shared driveways, and rights-of-way are common. Some have been used by neighboring families for generations. Others were created as part of a newer subdivision or when larger parcels were divided into smaller lots.
Most of the time, these arrangements work just fine. But when you’re buying a property, it’s important to know who owns the road, who has the right to use it, and who is responsible for maintaining it.
At Harpswell Realty Group, we regularly work with properties where access is a little more complicated than simply turning onto a town-maintained street. Here are some of the questions we encourage buyers to ask.
Public Road vs. Private Road: What's the Difference?
The first question is whether the road is publicly maintained or privately maintained.
A public road is generally one that is legally open to public travel, but that doesn't automatically mean the town or state maintains it. A publicly maintained road is one for which a government entity has responsibility for maintenance. Private roads, meanwhile, are generally maintained by private owners, neighboring property owners, or a road association, depending on the arrangement.
That distinction matters because a road can look and function like any other street while having very different rules about maintenance and who pays for it.
For a privately maintained road, costs may include:
- Snow plowing and winter maintenance
- Gravel or grading
- Paving or resurfacing
- Culvert and drainage repairs
- Tree removal
- Brush and roadside maintenance
- Larger repairs after storms or flooding
The important thing isn't simply knowing that a road is private. It's knowing how the road is managed and what your responsibilities will be once you own the property.
Who Actually Owns the Road?
A private road may be owned by one property owner, jointly by several property owners, or by an association. In some cases, the road itself may be part of a separate parcel.
And ownership isn't always the same thing as the right to use the road. A property owner may have a recorded right-of-way across someone else's land that provides legal access to their home. The deed, recorded easements, surveys, plans, and other land records can help establish what rights actually exist.
What Is a Right-of-Way?
A right-of-way is a type of access right that allows someone to pass over or use a specific portion of another person's property for a defined purpose. The scope of that right depends on the document establishing it and, in some cases, other applicable legal principles.
The recorded documents may clarify where the right-of-way is located, who may use it, and whether it covers vehicles, utilities, maintenance, or other activities. Those details matter because the right to cross a property doesn't necessarily mean you have permission to use it for every purpose.
We'll explore easements in more detail in our next post, including how they can affect property access and ownership.
Shared Driveways Are Common in Maine
Not every access situation involves a long private road.
A shared driveway may serve two, three, or even several homes. You might pull into what appears to be one driveway, only to discover that it crosses one property before reaching another—or that multiple homeowners share the same entrance.
Again, this isn't necessarily a concern. Plenty of Maine properties have shared driveways that function smoothly for years.
But buyers should understand how the arrangement works before closing. Questions to ask include:
- Who owns the driveway?
- Is it located entirely on one property, or does it cross multiple parcels?
- Who has the legal right to use it?
- Are those rights documented in the deeds or through a recorded easement?
Maintenance is another important question. Is there a written agreement, or are costs shared informally among neighbors? Who plows it? What happens if a culvert fails, a section of driveway washes out, or the entire surface needs to be rebuilt?
These aren't necessarily deal-breakers. They're simply things you want to know before you buy.
Don't Assume Everyone Has the Same Understanding
One of the trickier situations with long-established private roads and shared driveways is that the way people have used a road for years isn't always the same as what the recorded documents actually say.
A neighbor may say, "We've always done it this way."
A seller may say, "Everyone shares the plowing."
Both statements may be completely accurate based on how the properties have historically operated. But when you're purchasing real estate, it's important to understand what is documented in the land records and what has simply been the neighbors' customary way of handling things.
That distinction can become especially important if a neighbor sells their property, maintenance costs increase, or a disagreement arises. An informal arrangement that has worked for years may not answer every question about future responsibilities.
You aren't just buying the house. You're buying the property and the rights that come with it.
What Should Buyers Review?
When a property has private or shared access, your real estate agent can help identify the questions that need to be answered and point you toward the appropriate professionals and records.
Depending on the property, that may include reviewing:
- The property deed
- Recorded easements or rights-of-way
- A survey or subdivision plan
- Road or driveway maintenance agreements
- Road association documents, if applicable
- Property tax maps
- Existing agreements with neighboring property owners
- Information about winter plowing and road maintenance
A title company or attorney can help interpret the legal documents and identify recorded rights and restrictions. A surveyor can help clarify boundaries and the physical location of an access route when necessary.
If you're getting a mortgage, your lender and title company may also have specific requirements regarding legal and documented access.
What About Emergency and Utility Access?
Access isn't only about whether your car can get to the house.
Buyers should also consider how emergency vehicles, contractors, delivery vehicles, and utility providers access the property.
A property may have legally established access but still present practical challenges for emergency vehicles, contractors, or routine winter travel. Buyers should consider both whether the access rights are sufficient and whether the route is suitable for how they intend to use the property.
If you're buying a property that you'll use year-round rather than seasonally, winter access becomes an especially important part of the conversation. Is the road routinely plowed? Are there steep sections, tight turns, bridges, or other conditions that could affect access for the vehicles that need to use it?
For more on the differences between seasonal and year-round properties, see Maine Seasonal Cottages vs. Year-Round Homes: What Buyers Need to Know.
Utilities are another consideration. A right-of-way that provides access to a home doesn't necessarily include permission for every utility or improvement you may want to make in the future. If you're planning an addition, detached garage, new well, septic system, or other improvements, it's worth confirming whether the existing access and utility arrangements support those plans.
Private Roads Aren't Automatically a Problem
This is probably the most important takeaway.
Seeing "private road" or "shared driveway" in a property listing shouldn't automatically make you walk away.
In fact, some of the most peaceful properties in Harpswell, Brunswick, Georgetown, Phippsburg, and other Southern and Mid-Coast Maine communities are reached by private roads or shared driveways.
The key is knowing what you're buying.
A well-documented private road with clear ownership, established maintenance responsibilities, and properly documented access rights can be a perfectly workable arrangement. On the other hand, a property where access rights or maintenance responsibilities are unclear deserves more questions before you move forward.
As with so many aspects of Maine real estate, the details matter.
Before You Buy, Know How You Get There
When you're standing in a driveway looking at a beautiful Maine home, it's easy to focus on the house, the water view, the kitchen, or the acreage.
But access is part of the property, too.
If the road is private or shared, take the time to learn who owns it, who can use it, who maintains it, and what happens when it needs repairs.
At Harpswell Realty Group, we know that no two Maine properties are exactly alike. Our role is to help buyers recognize the questions worth asking, understand what needs further investigation, and connect with the appropriate professionals when additional guidance is needed.
The goal isn't to make every property fit neatly into a checklist. It's to help you understand the property you're buying, including the road that gets you there.