Own on a private road near Brighton and wondering how repairs, plowing, and permits really work? You are not alone. Private roads can be confusing, especially when neighbors need a plan to fix potholes or upgrade the surface. This guide breaks down what a private road is in Michigan, who is responsible for upkeep, and the most common paths Brighton owners use to fund and complete projects. Let’s dive in.
Private road basics in Michigan
A private road is a roadway that serves more than one residence or business and is normally open to the public. It is different from a private driveway that serves a single property. You can find these definitions in the Michigan Vehicle Code’s section on private roads and driveways (state statute reference).
Police can enforce some traffic laws on private subdivision roads, but not all rules apply the same way they do on public highways. The Michigan Attorney General has explained that enforcement depends on the specific statute and situation (AG guidance summary).
Maintenance responsibility in Brighton
If your street has not been accepted into the public system, the property owners are responsible for plowing, pothole repair, and routine maintenance. Brighton Township publishes a Sample Private Road Maintenance Agreement that many neighborhoods use to set dues, voting rules, and lien rights if someone does not pay (Township sample agreement).
The Livingston County Road Commission (LCRC) maintains county roads and handles county acceptance. If you are not sure whether your road is county maintained, contact LCRC for status and acceptance procedures (Livingston County Road Commission).
Your project options
Option A: Private maintenance agreement
Use a recorded agreement or HOA framework to split costs, define duties, and hire contractors. Brighton Township’s template includes cost sharing, voting thresholds, and lien language to help with collections (Township sample agreement). Pros include control and speed. The tradeoff is enforcement may require liens or civil action.
Option B: Direct private contracting
Owners collect dues and hire contractors for grading, paving, and snow removal. This is simple to run and can provide estimates you need for future petitions or budgets. The Township sample agreement supports this model.
Option C: Special Assessment District (SAD)
A township SAD uses Act 188 to spread project costs across all benefiting parcels through the tax roll. Expect petitions, public hearings, and a formal assessment roll. Townships often look for petition support and can proceed if objection thresholds are not met (Act 188 overview). Pros include reliable collection and public oversight. The tradeoff is a formal process and meeting engineering standards.
Option D: Upgrade then offer dedication
Owners rebuild the road to public standards, then ask the Township or county to accept it for ongoing maintenance. Acceptance is discretionary. Use Brighton’s Engineering Standards to understand geometry, base, drainage, and surface requirements before you invest (Brighton Engineering Standards).
Option E: Hybrid oversight
Some neighborhoods fund work privately or via an SAD while the Township coordinates engineering standards and reviews. The Township’s documents are designed to support this coordination.
Brighton project steps
- Confirm public or private status. Check your plat and deed, then ask the Township and LCRC if your road is in the public system. Michigan law also requires plats to mark private roads as private (plat and disclosure context).
- Gather parcel and owner records. You will need record owners and frontage if you pursue an SAD (Act 188 overview).
- Review Township templates and standards. Start with Brighton’s sample agreement, and study engineering standards if you plan major upgrades (Township sample agreement, Engineering Standards).
- Get engineering and contractor estimates. Document needed work for sub-base, drainage, paving, and turnarounds.
- Organize owners. Create a road association or HOA, adopt and record a maintenance agreement, and set clear voting and collection rules.
- Explore SAD or dedication if desired. Contact Brighton Township about Act 188 procedures and LCRC about county acceptance requirements (Brighton Planning and Zoning, LCRC contact).
- Plan for safety access. Work with Township staff and the fire authority on widths and turnarounds that allow emergency vehicles to reach homes (Engineering Standards).
- Address insurance and heavy-use damage. Use agreement language to assign responsibility when construction trucks or heavy equipment cause wear.
Buying or selling on a private road
Michigan’s land division law requires sellers to disclose if a lot fronts a road that has not been accepted for public maintenance. This notice should be in the conveyance documents and can affect buyer expectations and financing (seller disclosure requirement). If you are listing a home on a private road, make sure you have copies of the maintenance agreement, recent invoices, reserve plans, and any pending SAD information ready for buyers.
Safety, access, and enforcement
Police can enforce some vehicle laws on private roads, but it depends on the specific law and circumstance. For routine speeding or parking concerns, ask your local agency what they can enforce under current statutes (AG guidance summary). For emergency access, follow Township and fire authority standards for width, surface, and turnarounds to keep your road serviceable year round (Engineering Standards).
Local resources
- Brighton Township Planning and Zoning documents and contacts: Planning and Zoning page
- Sample Private Road Maintenance Agreement: Township sample agreement
- Brighton Engineering Standards: Engineering Standards
- Livingston County Road Commission: LCRC website
- Act 188 special assessment overview: Township Public Improvements Act
- Michigan Vehicle Code definitions for private roads: state statute reference
Ready to plan your next move or list a home on a private road near Brighton? We help you anticipate buyer questions, organize documents, and position your property with clear, confident messaging. Connect with REALTORS® Bob and Mike to talk through your road setup and your selling or buying timeline.
FAQs
Who pays for private road maintenance near Brighton?
- Property owners who use the road are responsible for plowing, potholes, and routine care unless the road has been accepted into the public system, which Brighton Township’s sample agreement explains in detail.
Can the Township or County be required to take our road?
- No, acceptance is discretionary and usually requires the road to meet public construction standards before it is considered for adoption under local policies.
What is a Special Assessment District for road work?
- A township SAD under Act 188 spreads project costs across benefiting parcels through the tax roll, with petitions, hearings, estimates, and an assessment roll handled by the Township.
How do we deal with owners who refuse to pay?
- A recorded maintenance agreement typically includes lien rights and collection steps, and an SAD places the assessment on tax bills with stronger collection tools.
Will police enforce speed or parking on my private street?
- Some vehicle laws apply on private roads, but enforcement depends on the statute and situation, so check with local authorities for what they can enforce.
Do sellers have to disclose a private road in Michigan?
- Yes, state law requires a written disclosure if a lot abuts a road not accepted for public maintenance, and this notice should be part of the conveyance documents.
