VA Circular 26-22-17

On November 25th of 2022, a new VA circular pertaining to private roads and shared driveways
was released. Now, effective immediately, the VA is no longer requiring that a veteran obtain a private road maintenance agreement
to meet the minimum property requirements of the VA
home loan. The VA will be requiring that a public easement be recorded, which is usually already included
in the preliminary title report.

Why would the VA ever require a private road maintenance
agreement?

The VA is constantly protecting the interest of the Veteran. When a Veteran is
purchasing on a private road or in a shared driveway, they want to make sure that the Veteran
always has access to their property.

Without a public road accessing the property, it is up to the other homeowners on the private
roadway or the homeowner’s association and changes to any type of agreement could
encumber access to the Veteran to their property. Many states have enacted laws that pertain
to this specific issue, especially for those places that don’t have private road maintenance
agreements.

The VA is no longer going to make this a requirement or minimum property requirement of the
VA home loan because a veteran could potentially ask for a waiver in these situations. Circular
26-22-17 affects people purchasing in cities with shared driveways or in
more rural areas where private roads are more common.
If you have any more questions or you might be in a situation like this, please reach out to a
vetted professional in your area and they will be able to help guide you.