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Shared Road Maintenance Agreement Template for England and Wales

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Key Requirements PROMPT example:

Shared Road Maintenance Agreement

"I need a Shared Road Maintenance Agreement for a private road serving five residential properties in Sussex, where we want to split maintenance costs equally and establish a joint committee to make decisions about repairs and improvements."

What is a Shared Road Maintenance Agreement?

A Shared Road Maintenance Agreement becomes necessary when multiple parties share access to and use of a private road that isn't maintained by local authorities. This agreement, governed by English and Welsh law, establishes clear protocols for maintaining the road's condition, sharing costs fairly, and managing access rights. It's particularly important for preventing disputes and ensuring the road remains suitable for all users. The agreement typically includes detailed maintenance schedules, cost-sharing formulas, and specific responsibilities of each party.

What sections should be included in a Shared Road Maintenance Agreement?

1. Parties: Identification and details of all property owners sharing the road

2. Background: Description of the shared road and history of arrangement

3. Definitions: Key terms used throughout the agreement including 'Shared Road', 'Maintenance', 'Contributing Parties'

4. Maintenance Obligations: Specific responsibilities for road maintenance, including regular upkeep and repairs

5. Cost Sharing: Formula and mechanisms for sharing maintenance costs between parties

6. Access Rights: Rights of access and use of the shared road for all parties

What sections are optional to include in a Shared Road Maintenance Agreement?

1. Insurance Requirements: Details of required insurance coverage and minimum requirements

2. Dispute Resolution: Process for resolving disagreements between parties

3. Vehicle Restrictions: Limitations on vehicle types, weights, and usage restrictions

What schedules should be included in a Shared Road Maintenance Agreement?

1. Schedule 1 - Plan of the Road: Detailed map showing the shared road, access points, and boundaries

2. Schedule 2 - Maintenance Schedule: Detailed maintenance requirements, frequency, and standards

3. Schedule 3 - Cost Allocation: Detailed breakdown of cost sharing arrangements and calculations

4. Schedule 4 - Property Titles: Copies of relevant property titles showing ownership and rights

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

























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Industries

Highways Act 1980: Primary legislation governing private roads, maintenance obligations, rights of way and access provisions. Key for establishing basic maintenance responsibilities and access rights.

Law of Property Act 1925: Fundamental legislation covering easements, rights over land, and covenants affecting land. Essential for defining property rights and obligations in shared maintenance scenarios.

Access to Neighbouring Land Act 1992: Legislation governing rights of access for maintenance purposes. Important for ensuring parties can legally access areas requiring maintenance.

Land Registration Act 2002: Specifies requirements for registration of rights and obligations relating to land. Relevant for ensuring maintenance agreements are properly recorded and enforceable.

Town and Country Planning Act 1990: Planning legislation that may affect maintenance works and improvements to shared roads. Must be considered for any significant alterations.

Environmental Protection Act 1990: Environmental legislation including control of pollution requirements. Relevant for ensuring maintenance work complies with environmental standards.

Health and Safety at Work Act 1974: Health and safety legislation affecting maintenance work and contractor obligations. Essential for defining safety requirements in maintenance operations.

Occupiers Liability Acts 1957 and 1984: Legislation defining duty of care to visitors and trespassers. Important for establishing liability and safety obligations in shared road scenarios.

Common Law Principles: Established legal principles regarding easements, rights of way, nuisance, and negligence. Forms the basis for many aspects of shared road maintenance obligations.

Local Authority Bylaws: Specific local regulations and highway authority requirements that may affect road maintenance obligations and standards in particular areas.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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