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1. A
  Question about Healy v. Onstott (1987)
  
  I don't understand why unique questions have to all be put in one thread if they relate to a larger area of research such as private roads. I think that such a thread would become unwieldy and confusing. Furthermore, someone might be interested in delving deeper into Healy v. Onstott, but would...
  Aranya
  
  Post #3
  
  Oct 27, 2018
  
  Forum: Other Real Estate Law Questions
2. A
  Question about Healy v. Onstott (1987)
  
  What is the name of your state? California In Healy v. Onstott (1987) the judge overturned a previous ruling on the basis that the court erred in denying Onstott a trial de novo. So did Onstott have a new trial after the judge made this ruling to determine how much he had to pay for the road...
  Aranya
  
  Thread
  
  Oct 27, 2018
  
  Replies: 5
  
  Forum: Other Real Estate Law Questions
3. A
  Is a private road association a common interest development (CID)?
  
  Thank you
  Aranya
  
  Post #7
  
  Oct 27, 2018
  
  Forum: Other Real Estate Law Questions
4. A
  Is a private road association a common interest development (CID)?
  
  So such a private road association is neither a CID or HOA and the Davis-Stirling Act wouldn't apply to it, correct?
  Aranya
  
  Post #5
  
  Oct 27, 2018
  
  Forum: Other Real Estate Law Questions
5. A
  Is a private road association a common interest development (CID)?
  
  California
  Aranya
  
  Post #3
  
  Oct 27, 2018
  
  Forum: Other Real Estate Law Questions
6. A
  Is a private road association a common interest development (CID)?
  
  Specifically, I'm wondering if the following is a common interest development (CID): a private road association that is filed with the county recorder and is mentioned on the deeds of trust of the property owners.
  Aranya
  
  Thread
  
  Oct 27, 2018
  
  Replies: 9
  
  Forum: Other Real Estate Law Questions
7. A
  Amendment to a Private Road Maintenance Agreement
  
  My road association has been charging people on the road according to a different method than what is in the road agreement. Is there a legal precedent to continue to do on the basis that they have allegedly been doing this for many years? I recently bought my property and it seems unfair since...
  Aranya
  
  Post #17
  
  Oct 18, 2018
  
  Forum: Neighbors & Boundaries
8. A
  Amendment to a Private Road Maintenance Agreement
  
  Why would I have to pay when they are obviously not following the agreement? They don't need to use the courts to obtain my share because I already paid it. In fact, I already paid four times the amount stipulated in the agreement because they thought they could amend the agreement with a...
  Aranya
  
  Post #15
  
  Oct 18, 2018
  
  Forum: Neighbors & Boundaries
9. A
  Amendment to a Private Road Maintenance Agreement
  
  I got the road agreement today and just had a chance to read it carefully. It turns out that it does stipulate how the road maintenance costs should be divided—equally. The road agreement says that the road maintenance will be paid from a general fund. Each property owner pays $100 a year to...
  Aranya
  
  Post #13
  
  Oct 18, 2018
  
  Forum: Neighbors & Boundaries
10. A
  Amendment to a Private Road Maintenance Agreement
  
  Yes, the first house uses only 1% of the road, so it would only have to pay 1% of the maintenance costs if the costs are divided by use according to distance used from the driveway to the beginning of the road. By this method, those at the end would have to pay about 12%. Since the way to...
  Aranya
  
  Post #11
  
  Oct 18, 2018
  
  Forum: Neighbors & Boundaries
11. A
  Amendment to a Private Road Maintenance Agreement
  
  I should mention that the way it works is that a road runs through each owner's property, so each property has an easement on it that gives ingress/egress rights for that road.
  Aranya
  
  Post #10
  
  Oct 18, 2018
  
  Forum: Neighbors & Boundaries
12. A
  Amendment to a Private Road Maintenance Agreement
  
  Sorry, here is my post from another thread: If there is an agreement but it doesn’t have a cost sharing section or allocation formula, does the above code apply (that the cost shall be shared proportionately) or is a property owner obligated to follow the allocation formula that the road...
  Aranya
  
  Post #9
  
  Oct 18, 2018
  
  Forum: Neighbors & Boundaries
13. A
  Amendment to a Private Road Maintenance Agreement
  
  Thanks
  Aranya
  
  Post #6
  
  Oct 18, 2018
  
  Forum: Neighbors & Boundaries
14. A
  Amendment to a Private Road Maintenance Agreement
  
  Yes, I was thinking that this is the case. I recently bought a property and it seems that the road association has made numerous unofficial amendments. For example, they raised the annual fee. One property owner said that they need a unanimous vote to raise the fee (the amount is specified in...
  Aranya
  
  Post #4
  
  Oct 18, 2018
  
  Forum: Neighbors & Boundaries
15. A
  Amendment to a Private Road Maintenance Agreement
  
  What is the name of your state? California If a private road agreement doesn't specify any terms for amending the agreement (such as a unanimous vote or a 2/3 vote), then how can it be amended?
  Aranya
  
  Thread
  
  Oct 18, 2018
  
  Replies: 16
  
  Forum: Neighbors & Boundaries
16. A
  Is a private driveway or abandoned trail an "existing roadway"?
  
  What is the name of your state (only U.S. law)? California I live at the end of a dead-end private road, and my neighbor is demanding the combination for the lock at the gate of my driveway so that he can walk on my moderately long driveway and some old, abandoned trails on my property...
  Aranya
  
  Thread
  
  Jan 5, 2018
  
  Replies: 23
  
  Forum: Neighbors & Boundaries

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