California  |  Real Estate Law

Legal Question

Asked on: 11/09/05, 8:12 pm

Sharing of private road repair costs

There are 41 property owners that share a common private paved road that needs to be repaved. Forty of the 41 owners have agreed to pay their fair share to repave the road that provides access to all 41 properties. One property owner, an out of town real estate investor, refuses to pay their share. Is there a precident case that can be used to pressure them to pay their share? The area is not covered by a Homeowners Association or special assessment district. The total cost for the repaving is $46,000 and the property that still owes their share is being billed about $1,700 based on a formula of how many feet of the road are used for access to the property. The formula was tested in court nine years ago and judged to be fair. I'm looking for a case number if anyone knows of one.

Fallbrook, CA

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