Ask the Expert
By Dale Martin
In the “Wizard of Oz,” the yellow brick road was impeccably maintained as Dorothy and her companions began their journey to visit the great and powerful Oz. It isn’t clear whether the Lollypop Guild played any role in maintaining the yellow brick road, or whether it was a public or private thoroughfare.
However, if the road looked like the surface of the moon, or like some “private roads” in Laguna, we can imagine that Dorothy’s travels would have been even more difficult.
For folks living on a private road and having difficulty with maintenance issues, California Civil Code Section 845 has been amended to provide a new remedy. Basically, if any owner of an easement refuses to perform, or fails to pay after demand is made in writing to pay his/her share of the cost of maintenance, an action to recover that owner’s share of the cost, or for specific performance, or contribution may be brought by the other owners.
Depending upon the dollar amount involved a claim can be filed in small claims or superior court.
Laguna Beach attorney Dale A. Martin is also a real estate broker. Reach him at (949) 303-0191 or dmartin@martinlawbiz.com
