A surprising number of West Michigan properties do not have the “simple” setup of a house on a publicly maintained street with a standard driveway. Rural homes, newer site condo developments, and even pockets inside the suburbs often involve a private road, a shared driveway, or access that depends on an easement.
That is not inherently a problem. It just changes what must be verified, documented, and sometimes corrected to keep financing, appraisal, and closing on track. This is the checklist I like buyers and sellers to use early, not the week of closing.
Step 1: Identify what you actually have (do not trust the street sign)
In everyday conversation, people use “private drive” to describe three very different things:
- A private driveway serving one home, located entirely on that parcel.
- A shared driveway where two (or more) homes share pavement or gravel, usually governed by an easement.
- A private road serving multiple parcels, often created through a site condo, land division, or private road ordinance process.
How to confirm the setup:
- Title work first. The title commitment is where access rights should be shown. If access depends on an easement, you want to see that easement clearly described and properly recorded.
- Look up recorded documents. In Kent County, for example, the Register of Deeds records deeds, mortgages, and other documents pertaining to real property, and provides a document search. (Other counties have similar tools.) ([kentcountymi.gov](https://www.kentcountymi.gov/848/Register-of-Deeds?utm_source=openai))
- Confirm road jurisdiction. If the road connects to a county road, county road commission standards and permits often come into play for the approach in the right-of-way.
Step 2: Make sure the parcel has legal, permanent access
Michigan’s Land Division Act requires lots and outlots on a plat to have direct access to a street or road, or “assured permanent access” provided under applicable local ordinance frameworks. ([legislature.mi.gov](https://www.legislature.mi.gov/Laws/MCL?highlight=2567&objectName=mcl-560-186&utm_source=openai))
Translation for buyers: if access is dependent on “everyone has always used that path,” but there is no recorded easement or road right-of-way that the title company can insure, you should treat that as a major risk until proven otherwise.
Step 3: Understand why financing and appraisal can get picky
Even when access is legal, lenders and appraisers may require evidence that the road will be maintained and that access will remain usable.
Fannie Mae’s Selling Guide (the standard many conventional loans are underwritten to) states that when a property is on a community-owned or privately owned and maintained street, an adequate, legally enforceable maintenance agreement or covenant is required, and it should be recorded. The guide also lays out what that agreement should cover: cost-sharing, remedies for non-payment or default, and a term that is typically perpetual and binding on future owners. ([selling-guide.fanniemae.com](https://selling-guide.fanniemae.com/sel/b4-1.3-04/site-section-appraisal-report))
This is one of the most common reasons private-road deals slow down: the road exists, everyone uses it, but the maintenance agreement is missing, outdated, or not recorded.
Step 4: The “road maintenance agreement” test (what it should actually do)
If a property relies on a private road or shared drive, your goal is not just “a document.” Your goal is a document that functions in real life and holds up when the next buyer’s lender scrutinizes it.
At minimum, I want to see:
- Clear parties and coverage: who is obligated (all benefiting parcels), and what is being maintained (the defined road/drive area).
- A cost-sharing method: equal shares, frontage-based, or another defined formula. (The key is that it is written.)
- Default remedies: what happens if one owner refuses to pay.
- A long-term term: typically perpetual, binding on future owners.
- Recording: recorded with the county so it shows up in the title search.
If it is not recorded, you can be in the uncomfortable situation where the “agreement” is real between the current neighbors but does not reliably protect a future buyer. Michigan’s recording statute framework is designed to protect good-faith purchasers who rely on recorded interests. ([legislature.mi.gov](https://www.legislature.mi.gov/documents/mcl/pdf/mcl-R-S-1846-565-1-65.pdf?utm_source=openai))
Professional boundary note: I am not an attorney, and I am not giving legal advice. For drafting, interpretation, or enforcement, involve a Michigan real estate attorney and your title company early.
Step 5: Do not ignore permits and standards at the public road connection
Even if the road itself is private, the portion that connects into the public right-of-way is often regulated.
Ottawa County example
The Ottawa County Road Commission states that a permit must be obtained to construct or reconstruct a driveway or private road approach adjoining a road within the road commission’s right-of-way. ([ottawacorc.com](https://ottawacorc.com/permits/?utm_source=openai))
Kent County example
Kent County Road Commission materials similarly emphasize permitting and standards for work in the right-of-way, including sections addressing private streets and driveway approaches. ([kentcountyroads.net](https://www.kentcountyroads.net/Documents/About/Plans%20and%20Policies/ROW_DRIVEWAYS_BANNERS_PARADES_2018.pdf?utm_source=openai))
For buyers, this matters in two practical ways:
- If the approach is substandard (sight distance, culvert issues, width, surface), it can become a required fix after an inspection, appraisal, or municipal review.
- If you plan to widen or modify an approach after closing, you may need permits and engineered standards, not just a contractor.
Step 6: Township rules can be stricter than you expect (especially for longer private roads)
Private road approvals are often influenced by township zoning, subdivision, and emergency access requirements. Some ordinances incorporate county road commission standards, require specific roadbed widths, regulate turnarounds, and tie maximum number of lots to whether a second ingress-egress exists.
For example, Caledonia Township’s compiled zoning ordinance includes detailed private street design requirements, including references to Kent County Road Commission sight-distance and dimensional standards, turnaround requirements for dead ends beyond certain lengths, and limitations tied to secondary access. ([caledoniatownship.org](https://www.caledoniatownship.org/DocumentCenter/View/1228/Caledonia-Township-Compiled-Zoning-Ordinance-Updated-October-2025?utm_source=openai))
This is why a “simple” private road can be very different depending on where it is: Ada, Cascade, Caledonia, Alpine, Georgetown Township, and other communities can have materially different rule sets and enforcement habits.
Buyer due diligence checklist (use this before you write an offer, if possible)
If you are buying a property with a private road, shared driveway, or access easement, I recommend building these items into your plan from day one:
- Request the recorded documents upfront: easements, private road maintenance agreement, HOA or road association bylaws (if any), and any amendments.
- Read the title commitment like a roadmap: confirm the legal description matches what you think you are buying, and confirm access is insured.
- Ask practical questions: who plows, who grades, what it costs annually, and whether there have been disputes or special assessments.
- Inspect the road like an improvement, not scenery: drainage, base stability, potholes, culvert conditions, and whether delivery and emergency vehicles can realistically access in all seasons.
- Confirm lender expectations early: if your lender is selling to Fannie Mae or following similar guidance, a recorded maintenance agreement can become a condition. ([selling-guide.fanniemae.com](https://selling-guide.fanniemae.com/sel/b4-1.3-04/site-section-appraisal-report))
Seller strategy: how to avoid the “we found it in underwriting” surprise
If you are selling a property on a private road or shared drive, the best time to address documentation is before listing, not during the buyer’s loan process.
- Pull the recorded documents now and confirm they are actually recorded (not just a signed copy in a drawer).
- If there is no maintenance agreement, talk with a real estate attorney about drafting and recording one before the property hits the market.
- Make the road presentable. You do not need perfection, but avoid obvious deferred maintenance that triggers an appraiser comment or a buyer’s concern.
In practice, a clean access and maintenance story protects your net because it reduces renegotiation leverage and financing risk. It also expands your buyer pool because more lenders can get comfortable faster.
Common red flags that deserve extra caution
- Access relies on “permission” rather than a recorded easement.
- Multiple homes share a road but there is no recorded maintenance framework.
- The road is long, narrow, or dead-ends without a clear turnaround. Emergency access can become a real issue depending on township rules. ([caledoniatownship.org](https://www.caledoniatownship.org/DocumentCenter/View/1228/Caledonia-Township-Compiled-Zoning-Ordinance-Updated-October-2025?utm_source=openai))
- Confusion about who controls the approach in the right-of-way. County permits may still apply at the public road connection. ([ottawacorc.com](https://ottawacorc.com/permits/?utm_source=openai))
Bottom line
Private roads, shared driveways, and easements are normal in West Michigan. The risk is not the concept. The risk is missing paperwork, unclear maintenance responsibility, and last-minute lender conditions.
If you are considering a purchase or preparing to sell a property with a private road or shared access, I am happy to review the access and maintenance documents early and help you build a plan that protects your timeline and negotiating position.