Legal Question in Real Estate Law in California
Private Road Improvements Issues
Some neighbors got together and paid to have part of our private road which we have lived on for 5 years paved. But not the part we live on. They asked us for money, we said no. They said they were going to send us a bill for pavement and future maintenance. Questions: Are we obligated to paid? Can they lien my home?
2 Answers from Attorneys
Re: Private Road Improvements Issues
There is a code section covering this situation. It provides that the cost of maintaining the road is to be divided between the parties based on the amount of usage. Under the formula the further you drive on the road the greater the amount you pay.
Re: Private Road Improvements Issues
You really haven't given enough information from which I can give you a good answer. Were you asked for money before the paving and refused, and that is why the area by your house was not paved? If that is the case, perhaps you do not owe the money. However, you have not said if there are any CCRs for the area or any agreements in your Deed, etc. Frankly, if you use the newly paved roadway and it really did need repaving, you should be contributing something to the cost. Otherwise, you will continue to have difficulties with your neighbors that could escalate into litigation. Then, you will be paying a lot of money.
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