Last reviewed: October 9, 2026. General information only, not legal advice. Access and easement questions depend on your deed, survey, and local rules. Talk to a New York real estate attorney before you rely on any of this for a purchase or a dispute.
A lot of Keuka Lake homes are reached by a private lane, a shared driveway, or a camp road that winds down the hillside to a row of cottages. In July these roads are part of the charm. In February, and when you try to get a building permit or a mortgage, they raise practical and legal questions that a town road doesn’t.
This guide explains what “private road” means in New York, why it matters for permits, plowing, and lending, and what to check before you buy. Once you own on a private road, our companion guide covers writing a private road maintenance agreement with your neighbors.
Public, private, or somewhere in between
A public road is a state, county, or town highway. Its owner maintains it, plows it, and is responsible for it.
A private road is owned by one or more private parties. People who live along it usually have a right to use it through a deeded easement (a right-of-way over someone else’s land), through owning a strip of the road themselves, or through a homeowners association that owns it.
A shared driveway is a smaller version of the same thing: two or three homes using one drive that crosses one owner’s land.
What matters is the legal status, not how the road looks. A paved road with a street sign can be private. A rough gravel lane can be a town road. Don’t assume.
How to find out
- Ask the town highway superintendent or town clerk whether the road is a town highway.
- Look at the deed and the survey for easements, rights-of-way, and road ownership.
- Ask your attorney to review the title report for recorded road agreements, easements, and covenants.
- Ask the neighbors who plows and who paid for the last round of gravel or paving. It tells you how things really work.
Why access matters for a building permit: Town Law §280-a
New York’s Town Law §280-a generally bars a town from issuing a building permit unless the lot has access by a street or highway that is on the official map or an approved plat, or that is an existing state, county, or town highway, and that is suitably improved (or bonded) to the town’s standards.
Lots reached only by a private right-of-way don’t automatically meet that test. The statute provides two main routes:
- An appeal to the zoning board of appeals, which can grant an exception or an area variance when strict application would cause practical difficulty, usually with conditions to keep emergency access adequate.
- An “open development area” that the town board can establish by resolution, allowing permits for lots that front on a right-of-way or easement rather than a public street, subject to conditions the town sets.
Existing homes on private roads are common around the lake and were often built before these rules or approved through one of these routes. The issue comes up when you want to build new, rebuild, or significantly expand. If you’re buying a vacant lot or a teardown on a private road, find out from the town’s code enforcement officer before you buy whether a building permit is possible and what conditions apply.
Some towns also set driveway and road standards for fire apparatus. Milo’s zoning law, for example, requires each lot to adjoin a road that meets the state Uniform Code’s fire apparatus access requirements and Town Law §280-a, and it sets width, grade, and surface standards for new driveways.
Who maintains it? The default rule
If there’s no written agreement, New York courts generally put the duty to maintain and repair an easement on the people who use it (the dominant owners), not on the owner of the land underneath (the servient owner). The underlying owner mostly has to avoid interfering with the easement. When several households share a right-of-way, they share that burden.
In practice, the default rule leaves a lot open: how costs are split, who decides when to grade or pave, who hires the plow, and what happens when one neighbor won’t pay. That’s why a written, recorded maintenance agreement matters so much, and why lenders often ask for one.
Will the town plow a private road?
Generally, no. The New York State Comptroller has said in Opinion 90-59 that a town may not regularly plow or sand a private road, because spending public money on private property is an unconstitutional gift under Article VIII, Section 1 of the state constitution. The opinion recognizes narrow exceptions, such as genuine emergencies.
Occasional town plowing also doesn’t turn a private road into a public one. Under Highway Law §189, a road can become a public highway by use only after ten years of use by the public combined with continuous maintenance by the town. Courts and the Attorney General have said sporadic plowing isn’t enough.
So on a private road, winter is your problem and your neighbors’. Somebody has to arrange the plowing, decide how much snow triggers a visit, and pay for it. Our winter access guide covers what that looks like day to day.
Mortgages and private roads
Lenders care about access because it affects value and marketability. Fannie Mae’s Selling Guide (B4-1.3-04) says a property on a privately maintained street needs an adequate, legally enforceable, recorded maintenance agreement or covenant that spells out each party’s share of repair costs, remedies if someone doesn’t pay, and a term that’s normally perpetual and binding on future owners. There are exceptions, and lenders handle missing agreements differently, but a buyer can run into delays or extra conditions when no agreement exists.
FHA and other loan programs have their own access rules, such as requiring a permanent recorded easement. Ask your lender early what it needs for a house on a private road.
Emergency access and everyday practicalities
Beyond the legal questions, think about the physical road:
- Can a fire truck or ambulance get down it, including in winter? Is there room to turn around?
- Is the house clearly marked with a visible address number at the road?
- How steep is it, and does it face north (slower to melt) or get regular sun?
- Where does the water go? Culverts and ditches on private roads need maintenance, or washouts follow.
- Can delivery trucks reach the house? Fuel, propane, septic pumpers, and well drillers need room for heavy trucks. See our propane guide for delivery issues.
- Is mail delivered to the door or to a cluster of boxes at the top of the road?
What buyers should ask
Before you sign a purchase contract, ask (and have your attorney confirm):
- Is the road public or private? Who owns the land under it?
- What exactly gives this property the right to use the road: a deeded easement, ownership, or an HOA? Is it recorded?
- Is there a written road maintenance agreement? Is it recorded, and what does it require of each owner?
- Is there a road association with dues, reserves, or a bank account?
- Who plows, how is the contractor chosen, and what did the last few winters cost each household?
- Are there pending or planned repairs, paving, or culvert work, and how will they be paid for?
- Have there been disputes among neighbors about the road?
- Does the survey show the road where it actually runs? (Roads sometimes wander off their easement.)
- If you plan to build or expand, has the town confirmed a building permit is possible under §280-a?
- What will your lender require?
Our buying guide and survey guide cover related due diligence.
When there’s no agreement
Many long-standing Keuka roads run on handshakes. That can work for decades, until a house sells, a new owner disagrees, a big repair comes due, or someone gets hurt. If your road has no written agreement, it’s worth organizing one while everyone is getting along. Our maintenance agreement guide walks through what to include.
Frequently asked questions
Can the town plow my private road if we ask?
Generally not on a regular basis. The State Comptroller has said regular plowing of private roads by a town is an unconstitutional gift of public funds, with narrow exceptions like emergencies.
If the town has plowed our road for years, is it now a town road?
Not automatically. Under Highway Law §189, a road becomes public by use only after ten years of public use plus continuous town maintenance. Occasional plowing has been held not to be enough. Talk to an attorney about your specific situation.
Can I get a building permit on a private road?
Possibly, but not automatically. Town Law §280-a generally requires access by an approved or public street. Lots on private rights-of-way may need a zoning board exception or variance, or an open development area resolution. Ask the town code office before you buy.
Who has to fix potholes on a shared right-of-way?
Without an agreement, New York courts generally put maintenance on the people who use the easement, shared among them, not on the owner of the land underneath. A written agreement can change and clarify that.
Do I need a road maintenance agreement to get a mortgage?
It depends on the loan. Fannie Mae’s guidelines generally call for a recorded maintenance agreement for privately maintained streets, with some exceptions. Ask your lender.
Official sources
- NY Town Law §280-a
- NYS Comptroller Opinion 90-59 (plowing private roads)
- Fannie Mae Selling Guide B4-1.3-04: Site Section of the Appraisal Report
- Town of Milo zoning law, Part 4 Standards (ecode360)
Related on Living on Keuka: Private road maintenance agreements · Winter access · HOAs and road associations · Insurance · Setbacks and zoning by town
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