California law requires property owners who share the use of a private easement or road to also share in the reasonable cost of maintaining it.
Because Santa Margarita Drive north of 1355 Santa Margarita Drive is a private road, the responsibility for maintaining the road rests with the property owners whose properties are served by it. This obligation applies whether the property is developed or undeveloped.
The following excerpts from California Civil Code §845 describe this responsibility:
(b) If the easement is owned by more than one person, or is attached to parcels of land under different ownership, the cost of maintaining it in repair shall be shared by each owner of the easement or the owners of the parcels of land, as the case may be, pursuant to the terms of any agreement entered into by the parties for that purpose. In the absence of an agreement, the cost shall be shared proportionately to the use made of the easement by each owner.
(c) If any owner refuses to perform, or fails after written demand to pay that owner’s proportion of the cost, the other owner or owners may bring an action to recover that owner’s share of the cost or seek specific performance or contribution. Such action may be brought before, during, or after the maintenance work is performed.
This website is intended to help property owners understand these legal requirements, the maintenance needs of Santa Margarita Drive, and the process used for allocating repair costs fairly among the affected property owners.
To read the complete text of California Civil Code § 845, visit the official California Legislature website:
California Civil Code § 845 (Official California Legislature)