Pennsylvania Statutes Title 36 P.S. Highways and Bridges § 2735. Repair of private roads

(a) A private road shall be opened, fenced and kept in repair by and at the expense of the property owner at whose request the private road was granted and laid out, and by the property owner's heirs and assigns.

(b) Each property owner that shares a common benefit from a private road shall contribute in proportion to the amount of the private road utilized to the cost of maintaining the private road at the current level of improvement and shall have the right to bring a civil action to enforce the requirement of this section.

(c) This section shall not apply to a private road subject to a written maintenance agreement, a private road established by the Commonwealth or by a municipality entitled to the exception provided under 26 Pa.C.S. § 204(b)(9) (relating to eminent domain for private business prohibited) or to a private road within a common interest ownership community under 68 Pa.C.S. (relating to real and personal property).