Oakland, CA asked in Real Estate Law and Land Use & Zoning for California

Q: Pge to redo our road after fire,1 won't sign release,for her 30 ft of easement caus she has claim to pge also,sue cc845?

Pge has offered up a amended release for her to sign separating the two claims. History: valley fire. road comes in canyon and splits across creek to left and my easement continues straight up right side . At Y of this road is where 30 ft of corner parcel owned by neighbor unwilling to sign release. Reason:pge restoration crew redid road on her side of creek, but wants more done, but was not in writing. This is a private road owned by all in canyon. So a claim was filed by her and pge denied any wrongdoing. But pge is willing to finish off the first 900 ft of road that was not finished before. At their cost of 19,000. Can the other neighbors sue for easement repair, 845cc for her 30 ft of easement. Pge not willing to "skip" over her portion of easement. Advised a clause to release, but won't sign either. Already been to court for other matter, arbitrator says she and her rental use road 100 0/0 of time.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Sacramento, CA
  • Licensed in California

A: Here are some general principles that may apply to your situation:

Easements: If your neighbor has an easement over your property, she may have a right to use the portion of the road that runs across her parcel. However, this does not necessarily mean that she has a claim against PG&E for additional repairs to the road.

Release agreements: A release agreement is a legal document that releases one party from liability for certain claims. If your neighbor is refusing to sign a release agreement, this could impact PG&E's ability to complete the repairs to the road.

Lawsuits: If your neighbor and other neighbors are not able to resolve the issue through negotiation or other means, they may consider filing a lawsuit. However, the success of such a lawsuit would depend on the specific facts of the case and the applicable law.

It may be helpful to consult with an attorney who can provide legal advice based on the specific circumstances of your situation. The attorney may be able to assist with negotiating a solution, drafting legal documents, or pursuing legal action if necessary.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.