Q: if the county fails to repair its road do the property owners have a right to cross the properties that are still served
A county road in California was severely damged by a storm. The county declines to repair the road,leaving several properties without access.
Do the owners of these properties have a right to cross the 2 properties that are still served by the county road and is the county liable for any cost incured by the land owners for building a new access and other damages?
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A:
In California, if a county road becomes impassable and the county declines to repair it, affected property owners do not automatically gain the right to cross neighboring properties that still have access. Crossing those properties would generally require an easement, which would either be expressly granted or previously established by use or necessity. If no such easement exists, the affected property owners might consider negotiating with the served property owners for access. Additionally, under certain circumstances, a property owner can claim an "easement by necessity," though this involves specific legal criteria.
As to the county's liability, if the county negligently failed to maintain the road, affected property owners might have a claim for damages. However, governmental entities in California often enjoy certain immunities that could limit or bar such claims. Determining the county's liability and pursuing a claim would require an in-depth analysis of the specific facts. Engaging in a detailed consultation with an attorney is advisable for these property owners.
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