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Guest
I own the land neighbors have easements. The roadway is in disrepair ands needs some work. In the code who is the owner of the easement, myself as the landowner or neighbor as easement holder? 845. (a) The owner of any easement in the nature of a private
right-of-way, or of any land to which any such easement is attached,
shall maintain it in repair.
(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. If any owner who is a party to the agreement
refuses to perform or fails after demand in writing to pay the owner'
s proportion of the cost, an action for specific performance or
contribution may be brought against that owner in a court of
competent jurisdiction by the other owners, either jointly or
severally.
(c) In the absence of an agreement, the cost shall be shared
proportionately to the use made of the easement by each owner.
Any owner of the easement, or any owner of land to which the
easement is attached, may apply to any court where the right-of-way
is located and that has jurisdiction over the amount in controversy
for the appointment of an impartial arbitrator to apportion the cost.
The application may be made before, during, or after performance of
the maintenance work. If the arbitration award is not accepted by
all of the owners, the court may enter a judgment determining the
proportionate liability of each owner. The judgment may be enforced
as a money judgment by any party against any other party to the
action.
(d) In the event that snow removal is not required under
subdivision (a) or under any independent contractual or statutory
duty, an agreement entered into pursuant to subdivision (b) to
maintain the easement in repair shall be construed to include snow
removal within the maintenance obligations of the agreement if all of
the following exist:
(1) Snow removal is not expressly precluded by the terms of the
agreement.
(2) Snow removal is necessary to provide access to the properties
served by the easement.
(3) Snow removal is approved in advance by the property owners or
their elected representatives in the same manner as provided by the
agreement for repairs to the easement.
(e) The provisions of this section do not apply to rights-of-way
held or used by railroad common carriers subject to the jurisdiction
of the Public Utilities Commission.
right-of-way, or of any land to which any such easement is attached,
shall maintain it in repair.
(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. If any owner who is a party to the agreement
refuses to perform or fails after demand in writing to pay the owner'
s proportion of the cost, an action for specific performance or
contribution may be brought against that owner in a court of
competent jurisdiction by the other owners, either jointly or
severally.
(c) In the absence of an agreement, the cost shall be shared
proportionately to the use made of the easement by each owner.
Any owner of the easement, or any owner of land to which the
easement is attached, may apply to any court where the right-of-way
is located and that has jurisdiction over the amount in controversy
for the appointment of an impartial arbitrator to apportion the cost.
The application may be made before, during, or after performance of
the maintenance work. If the arbitration award is not accepted by
all of the owners, the court may enter a judgment determining the
proportionate liability of each owner. The judgment may be enforced
as a money judgment by any party against any other party to the
action.
(d) In the event that snow removal is not required under
subdivision (a) or under any independent contractual or statutory
duty, an agreement entered into pursuant to subdivision (b) to
maintain the easement in repair shall be construed to include snow
removal within the maintenance obligations of the agreement if all of
the following exist:
(1) Snow removal is not expressly precluded by the terms of the
agreement.
(2) Snow removal is necessary to provide access to the properties
served by the easement.
(3) Snow removal is approved in advance by the property owners or
their elected representatives in the same manner as provided by the
agreement for repairs to the easement.
(e) The provisions of this section do not apply to rights-of-way
held or used by railroad common carriers subject to the jurisdiction
of the Public Utilities Commission.