VA policy now accepts a recorded, permanent easement or right of way as the sole proof of private road or shared driveway access. A separate road maintenance agreement is no longer required. Lenders must place the easement evidence in the loan file and confirm that access is continuous from the property to a public road for the Veteran borrower.
Quick Facts
- A recorded easement or right of way now satisfies VA access documentation for private roads or shared driveways.
- Separate maintenance agreements are no longer a VA requirement for loan approval.
- Lenders still verify continuous access and place the recorded document in the file.
- Appraisers confirm practical access, while title confirms legal access and recording.
- Homeowners association rules can govern maintenance, but they are not a VA requirement.
Mini FAQ
Why did VA shift from maintenance agreements to recorded easements
The separate agreement was a frequent bottleneck that did not always improve access. A recorded easement or right of way provides stronger, permanent proof of access that survives ownership changes. This keeps attention on title evidence and reduces avoidable contract delays for Veterans purchasing on private roads.
Does VA still require proof that the road is maintained adequately
VA’s focus is legal access, not a specific maintenance contract. Lenders verify the recorded easement and continuous access. Maintenance may still be governed by covenants, a road association, or local practice, but those are not a VA loan approval requirement under the updated access policy.
What if my easement language is unclear or does not reach the main road
Work with the title company to map the legal description and confirm continuity across each parcel. If gaps exist, the title company can draft and record a corrective easement. Addressing defects early prevents last minute underwriting conditions and protects your closing timeline.
Key Takeaways
- A recorded easement or right of way now replaces separate maintenance agreements for VA loans.
- Lenders must confirm continuous access and include the recorded document inside the loan file.
- Appraisers review practical access, while title officers confirm legal access is properly recorded.
- Fix unclear or missing easements early with title to avoid final underwriting surprises.
- Association covenants may manage upkeep, yet they are not a VA loan requirement.
- The change reduces document chases, trims costs, and shortens closing timelines for Veterans.
What changed in VA access rules for private roads and shared driveways?
VA removed the requirement for a separate road maintenance agreement and now accepts a recorded easement or right of way. The policy update took effect after the agency issued formal guidance, which states lenders must document a recorded, permanent access right that connects the property to a public road. This shifts emphasis from side agreements to durable title evidence and simplifies approvals for Veterans. See VA Circular 26‑22‑17 for the change. VA Circular 26‑22‑17.
- The recorded easement or right of way must be permanent and run with the land, so future owners inherit the same access rights without needing a new agreement or chasing signatures from multiple parties late in the transaction.
- The update reduces situations where a seller or neighbor refuses to sign a maintenance agreement, an issue that often caused rushed, poorly drafted documents and avoidable closing delays that increased costs for the Veteran borrower.
- Lenders still confirm that access is continuous from the parcel to a public road, while appraisers observe practical usability during the visit and report any obvious impediments that would challenge routine entry for daily life and emergencies.
- Ask your lender to identify the specific access document needed for your file, then coordinate early with the title company to locate and copy the recorded easement and attach it to the preliminary title report.
- Review the legal description to confirm that the easement reaches the public road across every intervening parcel, and flag any gaps immediately for corrective recording before underwriting starts its final review.
- Keep a clean PDF of the recorded instrument with visible recorder stamps so your lender can upload a legible copy directly into the access condition and obtain timely signoff from the underwriter.
| Access proof | Old rule | New rule | Who provides |
|---|---|---|---|
| Maintenance agreement | Often required and separately negotiated | No longer a VA requirement | Not applicable unless contractually desired |
| Recorded easement or right of way | Sometimes used, not always sufficient alone | Required access proof for VA loans | Title company provides recorded copy |
| Appraiser observation | Noted but could not replace agreements | Still noted, legal proof must be recorded | Appraiser reports practical access |
VA Minimum Property Requirements: The Essential Checklists
- The Master Guide: VA Minimum Property Requirements (MPRs) – The complete overview of the VA's "Safe, Sound & Sanitary" standards for every homebuyer.
- VA Appraisal Timeline & Closing Checklist – A step‑by‑step timeline of the appraisal process, from ordering the report to clearing conditions for closing.
- VA Water, Well & Septic Guidelines – Essential testing requirements for private wells, shared wells, and septic connection distances.
- VA Termite & Pest Inspection Requirements (NPMA‑33) – See which states require termite inspections, who is allowed to pay for them, and how to clear Section 1 repairs.
- VA Private Road & Access Agreements – How to handle private roads, shared driveways, and the updated rules for easement waivers.
What evidence of access must be in the lender’s file today?
A recorded, permanent easement or right of way that demonstrates continuous access to a public road must be documented. The VA Lenders Handbook remains the controlling reference for property access within Minimum Property Requirements, and it now aligns with the circular’s approach of emphasizing recorded legal rights over separate maintenance contracts. Review the handbook portal for the governing access standards. VA Lenders Handbook portal.
- The recorded instrument typically appears in the preliminary title report, the current vesting deed, a prior deed, or a subdivision plat, and your title officer can highlight the exact book and page where the access right is recorded.
- Underwriters look for permanence, clear ingress and egress language, and an unbroken chain from the subject parcel to the public road, especially when multiple parcels are crossed or when access changes names along the route.
- When access relies on a private drive governed by an association, covenants may still exist for upkeep, but the VA approval hinges on the recorded right of way rather than a separately negotiated maintenance agreement.
- Request a title reading from your escrow or title officer, asking them to point out the recorded easement reference and confirm its connection from the parcel to the nearest public right of way.
- Upload the officer’s note and a copy of the recorded document to your lender so underwriting can clear the access condition without returning the file for clarification or additional research.
- If the easement is missing or vague, authorize title to draft and record a corrective easement immediately, and obtain a conformed copy for the loan file as soon as it posts at the recorder’s office.
How do you confirm that the easement truly reaches the public road?
Trace the legal description across each parcel until it intersects the public right of way and confirm recorder references for every segment. Title officers can map the path, provide book and page citations, and identify any gaps that require corrective action. Closing proceeds smoothly when continuity is proven early and the lender has clean, legible copies in the file. For broader loan process context, see VA home loan guidance. VA purchase loan overview.
- Ask title to produce a simple chain diagram that shows where the easement originates, how it crosses neighboring parcels, and where it intersects the public road, including reference numbers for each recording along the route.
- Discuss any gaps or ambiguous descriptions immediately, since seemingly minor wording errors can prevent the lender from clearing the condition and force a rush to record corrective documents near your funding date.
- Confirm that the title policy will insure access based on the recorded instrument, which gives the underwriter a stronger basis for clearance and protects the Veteran from future disputes after closing.
- Request a copy of the relevant plat or survey page that depicts the easement path, and include it in the packet you provide to your lender with the recorder stamps visible and readable at normal screen zoom.
- If neighbors must sign to correct a gap, prepare a simple script and timeline with your agent and title officer so signatures are collected without jeopardizing the rate lock window or the purchase agreement deadlines.
- Reconfirm continuity after any correction is recorded by obtaining a conformed copy from title and a short confirmation that the instrument now closes all gaps to the public road.
| Title document | Where easement is found | How underwriters use it |
|---|---|---|
| Preliminary title report | Schedule of exceptions or requirements | Primary index to locate book and page |
| Vesting deed or prior deed | Legal description and reservations | Proof that access runs with the land |
| Subdivision plat or survey | Graphical depiction of easement path | Visual continuity check to public road |
Do you ever still need a private road maintenance agreement?
VA no longer requires one, but other parties may still ask for maintenance language in contracts or covenants. The circular removed the VA approval requirement for a separate agreement, yet sellers, associations, or even lender overlays can request maintenance expectations. The loan can still close so long as the recorded easement proves permanent access to the public road per VA policy. See the circular for the controlling update. VA Circular 26‑22‑17.
- If a homeowners association already has covenants that address upkeep and cost sharing, those documents can continue to govern maintenance while the VA approval depends on the recorded right of way for legal access evidence.
- Some lenders may keep conservative overlays that ask for basic maintenance language when unusual terrain or private bridges create heightened risk, which is a business decision separate from the VA’s minimum requirement.
- When parties want maintenance expectations recorded, work through title early to draft concise, durable language, then avoid unnecessary conditions by keeping the VA access proof centered on the recorded easement.
- Ask your lender directly whether any overlay requires maintenance language for your property, and obtain a written list of acceptable evidence to avoid misunderstandings near the end of underwriting.
- If the seller will not sign optional maintenance language, confirm with the lender that the recorded easement alone will satisfy the VA access condition, then proceed with documentation accordingly.
- Keep copies of any association covenants in your file for future reference, even though they are not a VA approval requirement under the updated access rule.
How does the policy change affect timelines, costs, and closing confidence?
It trims document chases, reduces legal fees, and shortens underwriting review when title evidence is complete early. By removing the separate agreement, Veterans avoid late negotiations and avoidable attorney costs. Lenders can clear access with a single recorded instrument, provided it is legible, permanent, and continuous. For clarity on disclosure mechanics around closing, see consumer disclosure guidance. CFPB closing disclosure overview.
- Underwriters often clear access conditions within a day when the title packet includes the recorded instrument, a highlighted reference to book and page, and a short note from the title officer confirming continuity to the public road.
- Veterans avoid last minute attorney calls and signature wrangling with neighbors because the recorded easement stands on its own, which translates to fewer extensions, fewer reapprovals, and lower overall transaction stress for the household.
- Agents can focus negotiations on price and repairs rather than access paperwork, and appraisers can report practical access observations without triggering a scramble for a separate agreement that VA no longer requires.
- Set an early title milestone to deliver the recorded easement copy and title officer note, then route both to your lender and agent so everyone sees that access is already cleared.
- Ask the underwriter for confirmation that the access condition is satisfied before you schedule the appraisal recheck or final walkthrough, which keeps the closing calendar predictable for movers and utilities.
- Retain the easement copy with your recorded closing package so future refinances or sales proceed quickly without a new round of document hunts.
The Bottom Line
VA now relies on recorded, permanent access rights rather than separate maintenance contracts. Your loan needs a recorded easement or right of way that clearly reaches a public road. Obtain the conformed copy early, confirm continuity with the title officer, and provide a legible file to your lender. Address gaps with corrective recording before underwriting. Appraisers will still observe practical access, while underwriters clear legal access from the title evidence. This policy change removes friction and helps Veterans keep their closings on schedule.
References used,
- U.S. Department of Veterans Affairs, Circular 26‑22‑17, Access via private roads and shared driveways
- U.S. Department of Veterans Affairs, VA Lenders Handbook portal, Minimum Property Requirements
- U.S. Department of Veterans Affairs, Purchase loan overview and appraisal context
- Consumer Financial Protection Bureau, Closing disclosure overview for consumers
Frequently Asked Questions
What exactly satisfies the VA access requirement on a private road today
A recorded, permanent easement or right of way that provides continuous access from the property to a public road. Lenders place a legible copy in the loan file, and the appraiser confirms practical access during the on site visit for valuation.
Do I still need a private road maintenance agreement for VA approval
No. VA no longer requires a separate maintenance agreement. Other parties can request maintenance language by contract or covenant, but VA approval hinges on a recorded easement or right of way that proves legal access to a public road.
Where do I find the easement in my title documents
Most often in the preliminary title report, the vesting deed, a prior deed, or a subdivision plat. Ask the title officer to identify the book and page and provide a clean copy that shows recorder stamps, then send it to your lender.
What if the recorded easement does not clearly reach the public road
Title can draft and record a corrective easement to close the gap. Obtain signatures from any affected neighbors, record the instrument, then deliver the conformed copy to your lender. Correcting ambiguity early prevents last minute underwriting delays.
How does this change affect my closing timeline and costs
It usually speeds closing and lowers legal costs because you no longer negotiate a separate maintenance agreement. Underwriters clear access with the recorded instrument, while appraisers still observe practical access without triggering extra paperwork that VA no longer requires.
Will the appraiser fail the property if the road is rough or privately maintained
The appraiser notes practical access and safety, while the underwriter relies on recorded legal access. A rough but passable private road is not an automatic failure. The key is a recorded easement and no safety issues that prevent normal entry or exit.
Do homeowners association rules replace the recorded easement requirement
No. Covenants can govern upkeep and cost sharing, but VA approval requires recorded legal access. Provide both the recorded easement and any association documents your lender requests, then confirm the access condition is cleared before you schedule your final walkthrough.
Can my lender still ask for maintenance language as an overlay
Yes. Lenders can set business overlays. If they request maintenance language, address it through covenants or a brief addendum, while keeping the recorded easement as the primary access evidence required for VA. Clarify requirements in writing early in the process.
Does this policy apply to shared driveways as well as private roads
Yes. VA treats both situations under the access rule. A recorded easement or right of way that provides continuous ingress and egress is sufficient. Confirm the instrument covers the shared segment and reaches the public road without gaps or ambiguity.
What proof should I upload so underwriting clears access quickly
A conformed copy of the recorded easement with recorder stamps, a brief title officer note confirming continuity to a public road, and the page from the preliminary title report that lists the reference. Clear, legible documents help underwriters clear the condition promptly.