Is A Failure To Maintain And Repair Easement A Material Breach

How to Enforce Easement Maintenance Obligations

Updated on December 23, 2022

In our previous mail, we discussed the relative duties of easement owners and users to maintain an easement. In this post, we discuss how to enforce easement maintenance and what to practise if someone who is responsible for maintaining an easement refuses to contribute towards maintenance or repair costs.

How to Enforce Easement Maintenance Obligations

Generally, the owner of whatever easement has a duty to maintain the easement. If the easement is owned past more than i person, or is attached parcels of state under different buying, each owner must share in the cost of maintaining the easement pursuant to their understanding. If at that place is no agreement in identify, each owner is responsible for their proportionate share of the price based on their apply. In the consequence an easement owner refuses to contribute as required, Ceremonious Code section 845 controls.

What to Do If Informal Enforcement Fails?

Specifically, pursuant to Ceremonious Code section 845, if any owner refuses to perform, or fails after a demand in writing to pay their share of the toll, the other possessor or owners may bring an action against the defaulting owner to force them to comply by suing for specific performance or contribution. A servient tenement can too bring a claim against the defaulting dominant tenement for contribution or specific functioning. The lawsuit to enforce maintenance duties may occur before, during or later on the work is performed. In the absence of any understanding addressing the maintenance of the easement, the owner seeking contribution or specific performance should file the lawsuit in a courtroom located in the same county in which the easement is located.

If the owner's share of the toll does not exceed the jurisdictional limit of the small claims court, the activeness may be brought in minor claims court. This is truthful only to the extent that y'all are suing for contribution. If yous are suing in equity – for specific performance, and then the activity must be maintained equally an unlimited activeness. In Los Angeles, the jurisdictional limit for pocket-sized claims is less than or equal to $ten,000. If the share of the cost exceeds the jurisdictional limit of the small claims courtroom, the activity shall be filed in superior court and may be subject field to judicial arbitration if the amount in controversy is $50,000 or less. Yet, null prevents the parties from engaging in alternative dispute resolution to endeavor and resolve the dispute.

Schorr Law has extensive experience with all types of easement disputes, including disputes regarding the maintenance and repair of easements.

Are you looking for a property easement attorney Los Angeles? Schorr Police has the elevation rated real manor attorneys in Los Angeles, California. Call (310) 954-1877 to schedule a consult. To see if you qualify for a gratis xxx-infinitesimal consultation regarding your thing, please contact usa by phone, or send u.s. a message through our contact form.