These are the questions that road maintenance contracts seek to answer. They can take time to develop, especially if there is a common private roadway without a road maintenance contract. But in the end, maintenance issues before a disaster can be answered to owners can save a lot of time and money by trying to get others, to pay their fair share to get a common route. For privately maintained roads, a private road maintenance contract is often entered into instead of maintained by a public body. For example, the California Civil Code requires that the cost of maintaining private roads be fairly shared by landowners who take advantage of these roads. In the absence of an agreement, the costs are allocated in proportion to the use of the facility by each owner. This is done by civil measures, in other words, by the neighbours to pursue the neighbours. Private road maintenance contracts vary according to jurisdiction and local law should therefore be consulted for specific requirements. Road maintenance contracts are highly recommended.
These are essentially contracts between land that runs with the land and serves as a framework for litigation, maintenance and improvement issues. Fortunately, here in California, there are at least a few basic road maintenance measures. Section 845 of the California Civil Code provides that, if there is a private road for the benefit of several owners, the cost of maintaining the road is proportional to the use by the facility. The statutes also provide for legal action for a contribution action allowing paying owners to recover a proportionate share from unpaid owners. This is a step in the right direction, as it allows a few simple paths to collect maintenance costs, but it is not enough to have owners fully protected for most types of problems. Neighbours of a private road maintenance contract are responsible for the payment of freight and the organization of the works. Typical agreements require monthly, quarterly or annual payments to the treasurer of the private association of road masters or homeowners. Maintenance is conducted when the majority of participating owners decide that it is necessary or on a pre-approved schedule. Another method of road maintenance includes a combination of annual owner payments and maintenance from municipalities or cities. Decision-making power is an important topic to cover. It forms the basis of the number of homeowners who need permission before certain types of improvements and repairs to common access can be made.
Do the parties need unanimous agreement, majority agreement or another authorization number to justify the adoption of the project? What is an emergency that allows an owner to unilaterally repair the access road and ask other homeowners for contributions? Can a majority of homeowners justify a change in the access road from gravel to asphalt? In our previous article in this series, we looked at facilitating access to real estate and real estate, most of which are rural. In today`s article, we will look at road maintenance contracts. What is the responsibility for maintaining the distribution of ownership among the recipient parties as soon as facilitation is established and several parties benefit from it? The lawyers here at BPE Law have considerable experience in road maintenance contracts and facilities, and our transaction lawyers have advised owners and developers in California and Washington on the feasibility of such agreements and have considerable experience in developing such agreements.