Private Road Maintenance Agreements: The "Hidden" Document That Can Kill a Deal

Imagine this scenario: You have found the perfect property. Maybe it is a secluded retreat in Hampstead, a large lot in Castle Hayne, or a new construction home tucked away in Sneads Ferry. The inspection is good, the appraisal came in at value, and you are days away from closing.

Suddenly, the lender halts the entire transaction. The reason? The road leading to the house is private, and there is no recorded Road Maintenance Agreement (RMA).

In South Eastern North Carolina, specifically in rural Pender and Onslow counties, this is one of the most common (and frustrating) hurdles for buyers and sellers.

The Reality of "State-Maintained" vs. Private Roads

In our region, not every paved road is maintained by the NCDOT (North Carolina Department of Transportation). As development exploded in Brunswick County and the outskirts of Wilmington, many subdivisions were built with private roads to bypass state construction standards or specific zoning requirements.

For a cash buyer, this rarely matters. But for anyone using financing—especially government-backed loans like VA, FHA, or USDA—it is critical.

Why It Matters to Lenders

Lenders need to know that the property will remain accessible. If a hurricane washes out a private dirt road in Rocky Point or a pothole becomes a crater in a Leland subdivision, the lender wants legal assurance that the homeowners are obligated to fix it.

Without a recorded agreement signed by the neighbors sharing that easement, the lender views the property as "inaccessible" in the long term and will deny the loan.

The "Friendly Neighbor" Myth

A common objection we hear from sellers is, "We don't have a formal agreement, but my neighbor Bill has a tractor and we all just pitch in $100 when the road needs gravel."

While that neighborly spirit is part of the charm of living in Coastal NC, a handshake deal does not satisfy an underwriter.

The Strategic Risk: If you are selling a home on a private road without an RMA, you are potentially shrinking your buyer pool to cash-only buyers, forcing you to sell below market value. Trying to get five different neighbors to sign a legal document binding them to future financial costs during the stress of a transaction is a nightmare that often fails.

Your Next Step

Real estate in our area is complex; the difference between a smooth closing and a dead deal is often buried in the details of a deed or a plat map.

At Aspyre Realty Group, we believe in proactive due diligence. We are experts in listening to your goals and communicating those wants into homes that actually work for you—legally and financially. Whether you are selling a property with complex easements or buying in a rural area, let us guide you through the paperwork before it becomes a problem.

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