California Civil Code Road Maintenance Agreement
Well-developed road maintenance contracts cover a large number of functions. Obviously, the most important is the sharing of improvement and maintenance costs among the beneficial owners. But decision-making processes are also included, emergency repair allowances and reimbursement of expenses of other owners, usage restrictions to prevent the extension of access rights and deposit rights are just some of the points that cover road maintenance contracts. (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. 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? 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.” If the co-owners of the easement are unable to agree on the apportionment of repair and maintenance costs, the landlord can bring an action in small claims court for up to $US 10,000, but if the amount is higher, they bring an action in the Supreme Court and are then referred to judicial arbitration proceedings. . . .