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edfer · Oct 23, 2007, 11:44 AM

We access our home by a privately owned road (through easements) shared by 15 owners. There is a bridge that is badly in need of repair. Half the owners are willing to share in the cost of the repair. The other half refuses. There is no road maintenance agreement. If the bridge fails, the only other access is by a circuitous poorly maintained road that would be difficult for emergency vehicles to use.

What legal remedy is there to make all owners pay a share in the cost?

ballengerb1 · Oct 23, 2007, 11:51 AM

Sounds like there is a way to reach your home without this private drive so its pretty much for convenience and safety. Without an agreement there is little you can do other than try to sue the half that don't want the repair. Who built the road and who pays for snow removal or up keep?

Emland · Oct 23, 2007, 11:53 AM

Well, if it is on private property, couldn't the half that wants to pay build it then charge tolls to the others that didn't? j/k

Is there a POA?

LisaB4657 · Oct 23, 2007, 02:06 PM

Go back and read the language in the easements. Usually easements will have some kind of provision about sharing the cost of maintenance.

edfer · Oct 24, 2007, 09:03 AM

We do not have a POA.
The only alternative route is much longer, rougher and not suitable for many cars.
We do not get snow. Maintenance has been done by one or a few people doing things on their own.

Common sense tells me that there should be a way to legally resolve the issue. This issue must have come before legislators or courts before.

ballengerb1 · Oct 24, 2007, 09:07 AM

If there is any formal easement agreement it would have showed up in a title search if anyone sold their home. Are you aware of any title transfers that you could ask about? From what you have said this road runs on private property owned by each or most of you, correct? Where are you located?

excon · Oct 24, 2007, 09:12 AM

Hello ed:

You apparently missed what Lisa had to say. She's the only real estate attorney amongst us. The rest of us are just having fun. She does this for a living.

If you don't have copies of the easements, you can probably read them at your county courthouse.

excon

ballengerb1 · Oct 24, 2007, 09:17 AM

Ex you are correct but I'm raising the question if an easement even exists. There may not be any agreement. You are right about directing edfer to the court house, sounds like he may end up there eventually anyway.

excon · Oct 24, 2007, 09:27 AM

Hello ballenger:

He said there were so I just directed him to where he might find 'em. You're right about the title. I'll even bet that it was his title search that alerted him to the easements in the first place.

excon

edfer · Oct 24, 2007, 10:10 AM

Actually, this is my son's house which he bought about 3 years ago. My wife is a CA RE broker and was my son's agent. (I am also a broker). If I recall correctly, road easements were mentioned in the title search but nothing about maintenance. Some residents who have been their many years do not know of any road agreements. The issue has become more critical as the bridge and acess road ages and becomes more in need of major repair.

We are in Tuolumne County in CA. They are about 30 years behind the San Francisco bay area in how county govt does things. They didn't even have a planning or building dept until about 30 years ago and up until a few years ago people could do pretty much as they pleased. Sort of old boys country in the boondocks!

LisaB4657 · Oct 24, 2007, 10:15 AM

If the title search included a reference to an easement for the road then either a copy of the actual easement was attached to the title search or the title company has access to a copy of the easement. Get a copy of the easement from the title company and read it.

Emland · Oct 24, 2007, 10:15 AM

Maybe the toll road isn't a bad idea after all. If the road is for convenience and there is another access, why can't the ones that want to do it proceed and put some sort of passcode controlled gate on it? If the others want in later, they can pay a pro-rated portion after they sign an agreement for future maintenance.

ballengerb1 · Oct 24, 2007, 10:28 AM

That is what I was thinking may be the case, boodocks building. If the search mentioned an easement go back and get the details. Bet there aren't any from what you have described. Lisa can give you more advice either way.