Title Commitment Requirements – What is a Private Road Notice?

Alicia Schaub

Upon reviewing the title commitment you have received, you may be wondering why there is a requirement regarding a “Private Road Notice.” The requirement will most commonly say: Provide grantee with a properly executed Private Road Notice.

If a property is not served by a public road, the seller has a legal duty to inform the purchaser that the property abuts a private road AND that this private road is not required to be maintained by the county road commissioners.

As stated in the Land Division Act MCL 560.261:

“ No person shall sell any lot in a recorded plat or any parcel of unplatted land in an unincorporated area if it abuts a street or road which has not been accepted as public unless the seller first informs the purchaser in writing on a separate instrument to be attached to the instrument conveying any interest in such lot or parcel of land of the fact that the street or road is private and is not required to be maintained by the board of county road commissioners. In addition, any contract or agreement of sale entered into in violation of this section shall be voidable at the option of the purchaser.”

Many townships will also have ordinances regarding private roads specifying specific requirements for maintenance as required by property owners. It is a good idea to check with your local township to review these ordinances.

In regard to your closing, this Private Road Notice will be signed by the seller and attached to the warranty deed which is then recorded at the County Register of Deeds.

Should you have questions about this requirement on your title commitment, please contact our office.

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