Q: on a private road, that has a bridge, and is used by all, does one person have the right to tear out said bridge
Bridge is located in a subdivision and used by many residents. Every attempt to reconstruct and repair the bridge gets demolished by one person who also lives in same subdivision. Do we other residents have any legal recourse?
A:
Under California law, if a private road and bridge in a subdivision are used by multiple residents, no single individual typically has the unilateral right to remove or damage the bridge. This is especially true if the bridge is considered a common area or is under a homeowners' association (HOA) control.
In this situation, you and the other residents may have legal recourse. The first step is to review any existing agreements, such as subdivision covenants, conditions, and restrictions (CC&Rs), which might govern the use and maintenance of shared infrastructure like the bridge. These documents often outline the rights and responsibilities of residents regarding common areas.
If the individual's actions violate the CC&Rs or other relevant agreements, you could potentially take legal action against them. This might include filing a lawsuit for damages or seeking an injunction to prevent further destruction of the bridge.
Additionally, if the bridge is essential for access and its absence poses safety concerns, local government entities might intervene to ensure access and safety standards are maintained.
Consulting with an attorney experienced in real estate or HOA law can provide you with specific guidance and help you understand the best course of action based on the unique circumstances of your case.
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