If your Pasadena home sits on a private road, buyers and their lenders will want to know two things: how the home legally reaches a public road, and who pays to maintain the road. Selling a home on a private road in Maryland goes smoothly when you have those answers in writing before you list. When you do not, the deal can stall at underwriting, often weeks after you thought you were done.
Why do private roads cause problems at underwriting?
Lenders need to know the buyer can always get to the house and that the road will be kept up. If the title work does not show a recorded right of access, the lender may refuse to fund until it is fixed.
What do lenders typically require?
Requirements vary by loan program and by lender, but the pattern looks like this:
- Recorded access: A recorded permanent easement or right of way from the property to a public road is the near-universal baseline.
- VA loans: VA Circular 26-22-17 (November 25, 2022) removed the requirement for a road maintenance agreement, but the recorded easement or right of way is still required in the loan file.
- FHA and some conventional lenders: May still ask for a recorded maintenance agreement or proof that an HOA maintains the road, and many lenders add their own overlays.
Bottom line: assume the buyer’s lender will want to see the easement, and possibly a maintenance agreement.
Source: VA Circular 26-22-17, effective November 25, 2022.
What documents should I gather before listing?
This is where I see deals saved or lost.
- Your deed and the subdivision plat showing the road
- Any recorded easement or right-of-way agreement
- Any road maintenance agreement, recorded or informal
- Records of how neighbors have shared costs for paving, snow, or potholes
- HOA or community association documents, if one maintains the road
- A recent survey, if you have one
You can search recorded documents through Maryland land records (MDLandRec), and a title company can pull them for you.
What if there is no recorded agreement?
Do not wait for a buyer to find it. Talk with a Real Estate attorney or title company about whether your neighbors would sign and record a maintenance agreement. It is far easier to coordinate neighbors on your timeline than with a settlement date bearing down.
How do I market a private road as a positive?
Private roads in Pasadena often mean less traffic, more privacy, and sometimes water access. Lead with that, then show buyers you have the paperwork handled. Confidence in the listing translates into confidence at the offer table.
Thinking about selling? Browse recent homes in Pasadena, MD and schedule a pricing conversation with our team.
Have you bought or sold on a private road? What surprised you? Share in the comments.
FAQ
Can a buyer get a mortgage on a home on a private road?
Yes, in most cases. The lender will want a recorded easement or right of way to a public road, and some loan programs also want a maintenance agreement.
Does a VA loan require a road maintenance agreement?
Not since VA Circular 26-22-17 in November 2022. A recorded permanent easement or right of way is still required.
Who pays to maintain a private road?
It depends on recorded agreements, HOA documents, or how neighbors have shared costs. Gather that history before you list.
What if my private road has no maintenance agreement?
Talk with a title company or Real Estate attorney early. Neighbors can often sign and record one before you list.
Does a private road lower my home’s value?
Not necessarily. Many buyers like the privacy. Clear documents keep the road from becoming a negotiation point.
How do I find my easement?
Check your deed, plat, and recorded documents through Maryland land records, or ask a title company to search them.
I am Adam Chubbuck, Team Leader of Team Alpha Charlie of Douglas Realty. Retired U.S. Navy Chief, licensed in Maryland and Virginia, and my team has sold in excess of 400 homes across the Baltimore to Annapolis corridor. Team Alpha Charlie is Zillow Preferred and serves buyers and sellers throughout Anne Arundel County, Howard County, Baltimore County, Baltimore City, and the surrounding markets, with deep experience supporting military, veteran, and Department of Defense families.
443-347-6692 | [email protected] | TACMD.com
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Adam Chubbuck
