Is A Private Road Maintenance Agreement Required In California

(c) In the absence of an agreement, the costs shall be apportted in proportion to the implementation of the easement by each owner. (b) where the easement is owned by more than one person or is related to land, among other things, the costs of maintaining the easement shall be shared by each owner of the easement or the owners of the land in accordance with the provisions of an agreement entered into to that effect by the parties. When an owner who is a party to the contract refuses the service or refuses, on written request, to pay the owner`s share of the costs, this owner may be the subject of an appeal before a competent court for a specific service or deposit, jointly or severally. The decision of occupation is an important issue to be addressed. It provides the basis for the number of owners who need to get the agreement before certain types of improvements and repairs are made to a common access. Do the parties want to need a unanimous agreement, a majority agreement or another approval number to justify the resumption of the project? What is an emergency that allows an owner to unilaterally repair the access road and get input from other owners? Can a majority decision by the owners justify a change in the access road from gravel to asphalt? Fortunately, in California, there are at least a few basic safeguards related to road maintenance. California Civil Code Section 845 provides that if there is a private road for the benefit of multiple owners, the costs of maintaining the road are proportional to the use by the easement. The law also provides for a recourse for a contribution action that will allow paying owners to recover a proportional share from non-paying owners. This is a step in the right direction, as it allows for a few simple ways to collect maintenance costs, but it`s not enough to have completely protected homeowners for most types of problems. But sometimes, due to circumstances, several owners share a road easement without written agreement, and that`s where Section 845 comes in. Without a maintenance contract, maintenance costs are allocated „in proportion to the use of the easement by each owner.“ Road maintenance contracts are highly recommended. These are essentially contracts between ongoing land with the country that provide the framework to address disputes and maintenance and improvement issues.. .

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