What is the name of your state (only U.S. law)? California - Santa Cruz County
There are 12 properties that access the main county road though a 40' right of way. The 'active' part (e.g. the part of the R/W we actually drive on) of the R/W is about 12' wide and seems to run along the property line. The R/W passes along the property line of 2 properties to reach the county road. The owners of these 2 properties do not use the R/W. The R/W is documented on the county tax assessor and surveyor maps dating back to at least 1970. However, the R/W is not listed in the deeds of the 2 properties in question. Th R/W has been in continuous use for decades. A couple of weeks ago, the owners of the 12 properties performed road maintenance that included cutting dead branches, trimming brush, cutting small trees that block vision around a blind curve (where there have been at least 2 head on collisions). We did notify the owner of 1 property of our activity - but this person has refused, despite repeated attempts, to communicate in any way with the 12 owners for many years. We simply forgot to notify the other. It's a long story, but now both of these people are angry that we cleaned up the R/W. My question is - what rights do we (the 12 owners) have to maintain the R/W and how far into the R/W may we go to maintain it?
Thanks ....
There are 12 properties that access the main county road though a 40' right of way. The 'active' part (e.g. the part of the R/W we actually drive on) of the R/W is about 12' wide and seems to run along the property line. The R/W passes along the property line of 2 properties to reach the county road. The owners of these 2 properties do not use the R/W. The R/W is documented on the county tax assessor and surveyor maps dating back to at least 1970. However, the R/W is not listed in the deeds of the 2 properties in question. Th R/W has been in continuous use for decades. A couple of weeks ago, the owners of the 12 properties performed road maintenance that included cutting dead branches, trimming brush, cutting small trees that block vision around a blind curve (where there have been at least 2 head on collisions). We did notify the owner of 1 property of our activity - but this person has refused, despite repeated attempts, to communicate in any way with the 12 owners for many years. We simply forgot to notify the other. It's a long story, but now both of these people are angry that we cleaned up the R/W. My question is - what rights do we (the 12 owners) have to maintain the R/W and how far into the R/W may we go to maintain it?
Thanks ....