DoI have to pay for maintenance of a public road if an easement of dedication was accepted?

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DoI have to pay for maintenance of a public road if an easement of dedication was accepted?

The county accepted an irrevocable offer to dedicate an easement for public road purposes on my property. The resolution accepts the dedication but also “rejects said road easement for maintenance or inclusion into its maintained road system”. I have to pay for maintenance of a public road? Doesn’t an offer to dedicate for public use come with the assumed advantages of no liability for maintenance or liability associated for the public’s use?

Asked on April 15, 2011 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I hope that you had an attorney who deals in real estate law help you with this all.  Is this being called a "presriptive easement" by any chance?  Absent an agreement to the contrary, the normal rule is that the holder of the easement has the obligation to maintain and repair the easement. The holder of an easement has a right to enter the property in order to repair and maintain the easement (this sometimes is referred to as a “secondary easement.”  It sounds like here that the county is specifically excluding this obligation in the easement.  Then I would definitely worry about the issues that you brought up here.  Get legal help ASAP.  Good luck.


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