My question involves real estate located in the State of: California
My questions are:
1. Can a land owner on a private road be sued for abusing and damaging the private road. Destruction of Property??
2. Can a land owner loose their Right for ingress/egress
Our private road services 7 properties all of which have an ingress/egress right of use. The main gate allowing access to the road is kept locked at all times.
I improved the road (at my own expense) from a dirt road with a few culverts and poor drainage to a gravel road, with additional culverts and improved drainage. At that time, I was the only full time resident. The other properties were used for cattle grazing and I was the predominate user of the road. Now there are two additional properties that are occupied and one of the new occupants is abusing the road. He and his friends are driving at speeds that are damaging the road (the road speed is posted at 10 MPH). He and his friends are throwing their trash out along the road (I provided a trash can at the entry gate to no avail) and he is giving the gate combination out to anyone that wants it.
The road passes through 4 of the 7 properties, none of which is his property. He and his friends have all been spoken to on numerous occasions and their response has always been "Tough, Too Bad, Live With It, We have a Right To Use The Road"
:wallbang:
My questions are:
1. Can a land owner on a private road be sued for abusing and damaging the private road. Destruction of Property??
2. Can a land owner loose their Right for ingress/egress
Our private road services 7 properties all of which have an ingress/egress right of use. The main gate allowing access to the road is kept locked at all times.
I improved the road (at my own expense) from a dirt road with a few culverts and poor drainage to a gravel road, with additional culverts and improved drainage. At that time, I was the only full time resident. The other properties were used for cattle grazing and I was the predominate user of the road. Now there are two additional properties that are occupied and one of the new occupants is abusing the road. He and his friends are driving at speeds that are damaging the road (the road speed is posted at 10 MPH). He and his friends are throwing their trash out along the road (I provided a trash can at the entry gate to no avail) and he is giving the gate combination out to anyone that wants it.
The road passes through 4 of the 7 properties, none of which is his property. He and his friends have all been spoken to on numerous occasions and their response has always been "Tough, Too Bad, Live With It, We have a Right To Use The Road"
:wallbang:
Use and Enforcement: Excessive Speed and Damage to a Private Road
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