Legal Question in Real Estate Law in California

We have a road assn for privately maintained public access roads. When I purchased my property there were gates going into a joining subdivisions that were locked. Due to a court decision we were forced to take down the gates and allow the a joining subdivision to use our roads as a short cut to two different highways. There is more traffic produced from outside our subdivision than from within. This forces an undue burden on our property owners to maintain our roads which are approximately 3.5 miles of poorly maintained chip seal and about 1.3 miles of gravel roads and the county refuses to take over these roads. , Can we require property owners outside our subdivision that are using our roads to contribute towards maintenance or is there a way to force the county to accept our roads and maintain them?


Asked on 3/11/16, 11:16 am

2 Answers from Attorneys

I would have to review the court decision that forced you to take down the gates to give you any definitive answer, but generally if a parcel or group of parcels has a legal right to use an access route across someone else's land, they also have to pay to maintain the access. Exactly who would be obligated to pay for what, however, could only be determined with a review of the judgment and the relevant land title documents. It is highly unlikely that they have access rights over your road with zero obligation to pay for maintenance, but you'll have to hire me or some other experienced land title and easement attorney to get a full picture of what you can demand from whom.

I've been a real estate lawyer for almost 30 years, including the better part of a decade doing title and easement work for Chicago Title and Fidelity Natl. Title. So if I can be of further assistance, let me know.

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Answered on 3/11/16, 11:30 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree; the law of easements is pretty clear that, absent an agreement to the contrary, all permitted users of an easement must contribute to its maintenance in proportion to the burden they place on the easement ........ i.e., someone running a dozen tractor-trailers a day will pay more than someone running a dozen passenger cars.

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Answered on 3/11/16, 12:03 pm


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