Private way or town way: which is your road?
A town way is the municipality's road. A private way is the owners' road, even when the public can pass over it as a public easement, and the private-ways chapter is what organizes the owners.
Questions about the categories
The public drives our road. Is it a town way?
Not necessarily; a public easement gives passage without making the town the maintainer.
Who maintains a public easement over our road?
Generally still the benefited owners; the municipality holds access, not the upkeep duty.
Can the town take our road over?
Acceptance as a town way is the town's own process; until it happens, §3101 organization is what you have.
Why did our pre-1976 'private way' turn public?
Former §§3001 and 3004 ways created before July 29, 1976 became public easements by statute.
Can town trucks legally plow us?
Only under §3105-A, after the town meeting votes to allow its equipment on private ways for fire and police protection.
Does the town owe us anything for the public's use?
§3106 lets a municipality assist for protecting or restoring natural resources; beyond that, no general duty.
Does our category affect a lender?
Lenders ask who maintains access; a private way answers with the association and its records.
Where is the category recorded?
Town records and the registry; the road's founding documents decide, not current habit.
Can part of a road be town way and part private?
Yes, and each segment follows its own rules; map the transition point in your records.
This page is general information for road association volunteers, not legal advice. Laws change and every road's documents differ — for decisions about your association, consult a licensed attorney in your state.
Reviewed against primary sources; see citations on each page.