Describe the legal effect of the DECLARATION OF ROAD MAINTENANCE
Describe the legal effect of the DECLARATION OF ROAD MAINTENANCE AGREEMENT on Dieter, Pavel, and the owners of the other parcels touching Venture Valley Road
The legal effect of the Declaration Of Road Maintenance Agreement on Dieter, Pavel, and the owners of the other parcels touching Venture Valley Road has the following implications: The agreement binds all of them and their successors be it through inheritance of the said lands or through sell to third parties. They have to maintain the road under good conditions in spite of the weather and repairs shall only be made after the majority of the owners of the road agree to this fact. However, if any of them damages the road then the costs of repair shall be met by him and if he refuses then legal action will be taken against him where he is likely to pay up litigation costs of the suit and costs thereof to the damaged road.
In the event that one of the owners requests in writing to make improvements on the road and does not get replies in a period of six month he is free to go to court and seek an injunction on the said agreement under Civil code section 845 as if the agreement was nonexistent. Apart from that the declaration and agreement shall be deemed and is intended to run with the land and to be a constraint upon the said property and all the undersigned, assigns, their heirs, successors, and personal representatives who shall be bound by it until a time when the provided easement shall be accepted for and dedicated for use as a public street by a government entity.
Can Dieter deny access to Pavel across parcels 20 and 21, since he owns them both? Why or why not?
Dieter cannot deny access to Pavel across parcels 20 and 21, even if he owns them both this is because part 1 of the agreement is very clear on such an action. It states that the easement defined herein shall be put to use commonly with all the other owners of the said lands to which such declaration is attached.
What happens to the Venture Valley Road easement if Dieter sells parcels 20 and 21 to Marcel?
If Dieter sells parcels 20 and 21 to Marcel, Venture Valley Road easement will adopt the new owner in their agreement as articulated in Part 7 of the agreement where its indicated that the declaration and agreement shall be deemed and is intended to run with the land and to be a constraint upon the said property and all the undersigned, assigns, their heirs, successors, and personal representatives who shall be bound by it until a time when the provided easement shall be accepted for and dedicated for use as a public street by a government entity. It is the objective therein that this tool shall be recorded and that any succeeding of the property or any part herein would be accepted as conveyance of the property herein or transfer there about or any part therein by acceptance of the deeds delivery.
What happens to the Venture Valley Road easement if Pavel sells parcel 18 to Dieter?
If Pavel sells parcel 18 to Dieter any other owner of Venture Valley Road easement is free to go to court if he or she feels aggrieved as stated in part8 of the agreement: nothing in the agreement shall be interpreted to be confining or restraining the rights of the owners or their inheritors or other persons deemed as successors through buying if they have any interest to pursue remedies as provided in section 845 of the civil code or other sections as provided by the law.
What happens to the Venture Valley Road easement if Pavel splits parcel 18 (with the county’s permission) into two equal 5-acre parcels at the north/south halfway line?
If Pavel splits parcel 18 (with the county’s permission) into two equal 5-acre parcels at the north/south halfway line any owner of the Venture Valley Road easement can go to court and evoke part 4 of the agreement which states that all the owners concede that if they permit or cause the land to be utilized in a way that results in an out of the ordinary destruction to the surface of the road they shall accept the costs of repair and maintenance to restore such a surface to its former self or else legal action would be taken against them in accordance with the law.
