Legal Question in Real Estate Law in California

Re: Who is responsible for maintaining easement access Road

In the first sentence of my prior answer, the word "agreement" should be "easement." Sorry.

Re: Who is responsible for maintaining easement access Road

A usually it would be all the parties. The rotors won't you use but even holders have a responsibility to aid in the maintenance and upkeep of the road that they use on a regular basis. If the second neighbor does not use on a regular basis they still have some responsibility. Some courts minimize that another courts make an equal to the others were discounted substantially. I would need more information. Also I would have to read the easements as there may be some requirements and restrictions within the easements themselves. My advice is get to attorney. From the way you where your question you will need expert help in this area and you don't need to be writing questions on the Internet but you need to be sitting in front of the real estate attorney who understands your situation and can help you, advice you properly. Good luck.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

Re: Who is responsible for maintaining easement access Road

Unless the instrument establishing the agreement says otherwise, the costs of maintaining an easement are borne by the user or users in some proportion that reasonably reflects their use of the easement. If the person whose property is subject to the easement also uses the easement, he also participates in the maintenance expense.

So, in general, whatever would seem fair and common sense is also in agreement with the law.

Where the easement is a road, I suppose a judge would rule that costs should be apportioned on the basis of frequency of use, size and weight of vehicle, and possibly (but not for sure) in some degree in proportion to the economic importance of the easement to each user and/or the user's ability to pay. Other factors might also come to bear on a fair apportionment.