In the case of a larger development, such as a condominium project or any other development of the community space, the provisions relating to the servitude of the community space are included in the agreements, conditions and restrictions (CC&Rs). Fannie Mae speaks in more detail on this topic. It requires a legally enforceable agreement for road maintenance. The agreement should contain the following provisions and must be registered: in circumstances concerning the actual use of the easement by each owner or the use available and valuable for a plot, the percentage of use approach of each owner is the best mathematical assignment available. There is no California case to order the apportionment of maintenance costs. However, cases from other countries provide guidelines. Although the well does not affect the use of the road, it is not necessary to maintain the road by dispersion. Everyone has to be. But there is a solution! Even if it`s not as good as if all property owners sign an agreement. Thus, if not all owners sign, the buyer could sign an individual private road maintenance contract.
In principle, the buyer undertakes to maintain the private road between the road maintained by the State and the land. Normally, the final lawyer prepares the agreement, the buyer signs and he is registered at the closing. If you take this route, discuss the agreement in depth with your lawyer. As a buyer, it is important to understand the legal requirements. A private road maintenance contract is often concluded for private roads that are not maintained by a public body. First, the agent is looking for a private street contract already in place. If there is no agreement, the agent and seller will start talking to the neighbors. So not all property owners sign….