Legal Question in Real Estate Law in California

I did not find any statutes of a state-wide nature setting responsibilities of property owners for the maintenance and repair of private streets. The closest I could find was a provision in the Streets and Highways Code (at section 1805) requiring that they be at least twenty feet in width. I know that there are also some turning-circle requirements (based upon fire engine needs) for the ends of cul-de-sac private streets.

I am aware that in some very backwoods parts of the state, private roads are often not maintained at all until they become impassable, then someone jumps in to do the minimum because they need to get in and out.

If a private road maintenance issue were taken to court, the judge would have some power to make orders for spending money and doing maintenance based upon easement law, which is largely non-statutory, court-made law. There is, however, one rather general statute that might apply. Civil Code section 845(a) says "The owner of any easement in the nature of a private right-of-way, or of any land to which any such easement is attached, shall maintain it in repair." (This may be just the law you're looking for!).

Basically, a court would probably determine what the minimum requirements were for safe condition of the private road, then apportion the cost to bring it into such condition to the owners and permitted landowner-users on a useage basis.

If I can be of any further assistance, such as writing a letter or bringing a suit to determine rights and duties, please contact me directly.