Quiet lanes and mountain views are part of the draw near Colbert. Winter, though, raises practical questions about private roads: Who clears the snow, what happens with plow berms, and what needs to be in writing before you buy or sell? If you live on or are considering a home served by a private road, a little homework now will save headaches later. In this guide, you’ll learn how Spokane County handles plowing, how Washington law treats shared maintenance, and the key documents lenders and appraisers look for. Let’s dive in.
Private roads in Colbert: what to expect
Colbert sits in unincorporated Spokane County, so county policies and winter operations apply around you. According to Colbert’s overview, it is not an incorporated city, which means county systems manage public roads nearby.
Spokane County plows public roads using a priority system. The county runs plows, graders, and deicing trucks across more than 5,100 lane miles, and it explains the process on its Winter Roads Maintenance page. Private roads and private driveways are not plowed by the county. If your home is on a private lane, you or your association usually hire a contractor or handle it yourselves.
Snow berms at driveways: who clears what
When county plows clear public roads, snow often piles at driveway entrances. Spokane County uses devices sometimes called boots or gates to reduce berm size, but berms still happen. The county expects property owners to remove berms at their own driveways and makes clear that private snow must remain on private property. See the county’s guidance on Winter Roads Maintenance.
Washington’s legal view matches that practice. A longstanding Washington Attorney General opinion explains that governments must maintain public roads, but they are not obligated to remove snow berms from private driveways. That means you should plan for driveway-mouth clearing in your winter budget and routines.
Important safety and legal reminder: Do not push snow into the county right of way. Spokane County prohibits placing snow from private property onto public roads or rights of way. It is both unsafe and a code violation.
Who pays to maintain a private road in Washington
In Washington, private roads are maintained by the owners and users unless the road is dedicated and accepted as public. Even when there is no written agreement, courts can require joint users to share reasonable costs. The Court of Appeals explained this in Buck Mountain Owners’ Ass’n v. Prestwich, a leading case confirming that neighbors must contribute to necessary maintenance.
Courts can apportion costs among users, but they generally do not force anyone to sign a private contract. A related Washington case discusses the limits of remedies. In practice, you should either have clear recorded language that binds future owners or be prepared to rely on a court’s allocation if a dispute arises.
Buyer and seller checklist for Colbert-area private roads
Use this quick checklist to spot issues early and keep your deal on track.
Title and recorded documents
- Pull the full preliminary title report and chain of title. Look for recorded easements describing the private road, its width, and any obligations.
- Check for recorded road maintenance agreements, CC&Rs, HOA declarations, and plats that assign maintenance duties.
- Flag any recorded liens for past road work or outstanding assessments.
Ask the seller and neighbors
- Request copies of maintenance agreements, HOA or road association bylaws, minutes, and recent assessment history.
- Review invoices and receipts for plowing and year-round road work for the last 2 to 3 years.
- Get contact info for the person who coordinates plowing and the contractor used.
Physical and emergency access
- Walk or drive the road. Note surface type, drainage, steep sections, culverts, and turnarounds.
- Confirm winter access for fire and EMS with the local fire district. Many jurisdictions look for reliable all-weather access so responders can reach you in snow and ice. See general guidance on all-weather access.
Snow removal specifics
- Clarify who plows the shared private road and how costs are split.
- Ask who handles driveway-mouth berms. Expect that each owner clears their own berm.
- Remind everyone that Spokane County prohibits pushing private snow into the public right of way. Review the county’s Winter Roads Maintenance guidance.
Financing and appraisal
- Ask your lender what documents they require. Many underwriters want a recorded permanent easement and may ask for evidence of ongoing maintenance or enforceable cost sharing.
- Note that the VA updated its policy in November 2022. The VA change in 2022 removed a blanket maintenance-agreement requirement but still requires a recorded permanent easement or right of way. Requirements still vary by lender and investor, so confirm early.
Legal review
- Have a real estate attorney review unclear easement language or missing maintenance terms.
- Ask who can authorize major repairs, how special assessments are imposed, and whether recorded documents allow liens for unpaid assessments.
- Remember that courts can apportion costs even without an agreement, but recorded language controls remedies and enforcement.
What a solid road maintenance agreement includes
If a road maintenance agreement exists or you plan to create one, make sure it covers:
- Properties and parties covered, with legal descriptions.
- Scope of maintenance: grading, gravel, potholes, culverts, snow plowing, berm removal, and dust control.
- Cost sharing formula: equal shares, frontage-based, usage-based, or hybrid.
- Billing, reserve funds, capital improvements, and voting thresholds for larger projects.
- Enforcement: late fees, lien remedies, authority to hire contractors, and collection process.
- Duration and recording language so it runs with the land.
- Dispute resolution, such as mediation or arbitration.
These points prevent surprises and reduce the chance you will need a court to allocate costs. The principle from Buck Mountain supports reasonable cost sharing, but a clear recorded agreement is simpler for everyone.
Winter prep tips for Colbert homeowners
- Line up your plow contractor by early fall if you share a private lane. Share contact details with neighbors.
- Budget for driveway berm removal. Keep a shovel, blower, or small plow ready.
- Mark culverts and road edges before the first big storm to protect drainage and the road surface.
- Keep turnarounds and hydrants clear for emergency access.
- Communicate after major storms about plow timing, ice control, and any shared costs.
Local resources
- Spokane County Public Works and road policies: review the Winter Roads Maintenance page for plow priorities and rules about private snow.
- Spokane County Assessor, Recorder, or Auditor: pull recorded easements, plats, CC&Rs, and any road agreements.
- Local title company: order the preliminary title report and recorded documents.
- Real estate or land-use attorney: review easements and draft or update a maintenance agreement.
- Local fire district: verify winter access standards and approved turnarounds.
Looking at a Colbert-area home on a private road or preparing to sell yours? Get a clean plan for snow, berms, and maintenance so your move stays smooth. For local guidance and a clear path to closing, reach out to BranDen Tipton for a conversation.
FAQs
Will Spokane County plow my private road near Colbert?
- No. Spokane County plows public roads under a priority system. Private roads and driveways are not plowed by the county, and private snow must stay on private property. See the county’s Winter Roads Maintenance guidance on priorities and private property.
Who removes the berm at my driveway after the county plows?
- You usually do. Counties maintain public roads, not private driveways. A Washington Attorney General opinion explains governments are not obligated to clear driveway berms.
If there is no written maintenance agreement, can I be required to pay?
- Yes. Washington courts can order joint users of a private road to share reasonable costs even without a written agreement. See Buck Mountain Owners’ Ass’n v. Prestwich for the principle and a related case on remedies.
Do lenders require a road maintenance agreement for private roads?
- It depends on the lender and loan program. Many want a recorded permanent easement and evidence of maintenance. The VA’s 2022 update removed a blanket maintenance-agreement requirement but still requires recorded easements. Confirm requirements with your lender and see this summary of the VA change in 2022.
How can I tell if a road is private when buying in Colbert?
- Check the preliminary title report, recorded plat, and easements. Ask the seller for any road agreements or HOA documents, and confirm with your title company and the county’s recorded instruments.
