Legal Question in Real Estate Law in California

Re: When is a private road really

The county may or may not have needed to consider the road-access situation in permitting the business; that would depend on local regulations and may be water over the dam by now.

Do you know for sure whether the road is really an easement or jointly owned? It makes a difference. If an easement, there will be several 'dominant estates' and a 'servient estate.' The former are the properties that can use the road, the latter the property upon which the easement lies. The owner of the servient estate has the power to control the use made of the easement within the purposes for which it was granted, plus some evolutionary change or growth. However, an abrupt and unreasonable increase in use or change in type of use may constitute an 'overburden' of the servient estate, which could be enjoined or even result in termination of the offending party's easement.

In my opinion the next step is to determine the exact legal nature of everyone's rights in the road -- cotenancy, easement or ? -- then mediate with an attorney present. It is better to resolve than sue amongst neighbors.

Issues regarding road maintenance and liability for accidents need to be aired and handled as well as the amount-of-use issue. The proper resolution depends upon ownership (cotenancy or easement) and existing agreements, if any. By the way, there probably are existing agreements. The situation 90% likely was created by written conveyances, only 10% likely by informal historical use or accident.