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
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  • 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.

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