Legal Question in Real Estate Law in California

Re: Road association charges and assessments

Your chain of title reflects if you are a part of the road association. If you are not part of this, I do not see how you would be obligated to pay them.

Re: Road association charges and assessments

The previous answer may be right, but the facts you give suggest that it isn't.....my view is that the association, created later than the easement, is a voluntary association set up to simplify the duties of the easement-holders to share the cost of maintenance.

In my view, absent a requirement in your deed requiring membership in a subsequently-created association, membership is voluntary, but participation in sharing the costs of maintaining the easement are not...everyone must share in relation to his/her use of or benefit from the easement.

That's the simple part. Whether the association has a right to bill you for a portion of the overall cost of brush clearing, where you have already performed brush clearing on your own physical portion of the easement, is a question which can only be answered with a complete knowledge of the facts, including whether by deed you are bound to accept the association as your agent, whether you received a benefit from the work done and billed by them, etc.

This seems to be the kind of dispute between neighbors that is better settled by negotiation than through the courts. I suggest trying to work out a settlement and future understanding with the association's leadership. Perhaps a professional mediator could assist if both sides agreed to mediation. You should also talk to other property owners who do not participate in the association to get their views and experiences.