California Civil Code 845: Private Road Maintenance and Costs

California Civil Code Section 845 makes every owner of a private right-of-way easement, and every owner of land served by one, responsible for keeping that easement in repair. When two or more owners share the road and have no written agreement, they split costs in proportion to how much each one uses the easement. If a co-owner refuses to pay their share, the statute lets the others sue, but only after sending a written demand first.¹

Who Has to Maintain the Road

Section 845(a) puts the duty on “the owner of any easement in the nature of a private right-of-way, or of any land to which any such easement is attached.”¹ That covers both sides of the arrangement: the owner of the land the road crosses (the servient parcel) and the owners whose parcels the road serves (the dominant parcels). A shared gravel driveway reaching three hillside homes creates a maintenance duty for all three homeowners, plus any separate owner of the land underneath.

The obligation attaches to the land, not the person. An appurtenant easement runs with the land, so a new buyer inherits both the right to use the shared road and the duty to help pay for its upkeep. Anyone buying a parcel served by a private access road should read any existing maintenance paperwork before closing, because that paperwork will bind them on day one.

How Costs Get Divided

Section 845(b) gives two ways to split maintenance costs. If the owners have a written agreement, the agreement controls. Without one, costs are shared “proportionately to the use made of the easement by each owner.”¹

Proportional is not the same as equal. A parcel generating daily truck traffic wears the road down faster than a weekend cabin. Courts assessing proportional use consider how often each owner travels the road, what vehicles they drive, and how much of the road’s length they actually use to reach their parcel. An owner at the far end of a long shared drive uses more of it than an owner whose entrance sits near the county road.

This default is where most fights start. Without a written formula in place, every regrading, repaving, or culvert repair reopens the same argument about who owes what. That alone is a strong reason to put an agreement in writing before a large bill lands.

Sending a Written Demand

You cannot go straight to court. Section 845(c) makes the right to sue conditional on the other owner’s failure to pay “after demand in writing.”¹ The statute doesn’t dictate a format or list required contents.

Even so, a vague note asking a neighbor to help out will not stand up well in front of a judge. A useful demand identifies the work, states the total cost, shows how you calculated the recipient’s share, and attaches receipts or contractor estimates. Certified mail creates proof of delivery. The goal is a documented, good-faith attempt to collect before filing anything.

Filing the Lawsuit

If the co-owner ignores the demand or refuses to pay, the other owners can sue to recover the share owed, to obtain a court order requiring payment or performance of the work, or to pursue contribution. One owner can file alone, or several can join together.¹

You Don’t Have to Wait Until Work Is Done

Section 845(c) allows the action to be brought before, during, or after the maintenance is performed. Some owners hesitate to front the cost of repairs, worried they will never see the money back. The statute lets you file first and get a court order fixing each owner’s share before the contractor’s invoice arrives.

Small Claims or Superior Court

If you are seeking $12,500 or less from the non-paying owner, small claims court is available.² It is faster, cheaper, and does not require a lawyer. The tradeoff is scope: a small claims judgment only resolves the specific costs in that case and never sets a formula for future maintenance.

For larger amounts, or when you want a ruling that reaches ongoing obligations, the case goes to superior court. Section 845 requires that superior court easement actions go through judicial arbitration, a quicker and less formal process than trial.¹ If either party rejects the arbitrator’s decision, they can request a trial. The statute also preserves the option to use other alternative dispute resolution, such as mediation, in either court.

Which County

When no written maintenance agreement exists, the lawsuit must be filed in the county where the easement is physically located.¹ If a written agreement exists, standard venue rules apply.

What a Court Can Order

A superior court can order the non-paying owner to pay their share, order the maintenance work performed, and apportion future costs among the owners. That last power has a catch. A judgment does not automatically govern future maintenance projects unless the court’s order specifically says so.¹ If you want an ongoing formula so the same fight doesn’t repeat every few years, ask for that relief in the complaint. Otherwise the judgment reaches only the bills in front of the court.

Small claims judgments never bind future cost apportionment. That is one of the strongest practical reasons to file in superior court even when the immediate amount at issue would fit within the small claims limit: only a superior court judgment can potentially lock in a long-term arrangement.

Snow Removal

Section 845(d) treats snow removal separately. If the owners have a written maintenance agreement, that agreement is presumed to include snow removal when three conditions are met: the agreement does not explicitly exclude it, snow removal is necessary for access to the properties, and the removal is approved in advance by the owners (or their elected representatives) the same way the agreement handles other repairs.¹ This matters most for mountain and foothill parcels that depend on plowing to stay reachable in winter. Without a written agreement, snow removal falls back to the proportional-use default.

Heading Off Disputes With a Written Agreement

The most reliable way to avoid a Section 845 lawsuit is to make one unnecessary. A written maintenance agreement between all easement owners replaces the proportional-use default with terms the parties choose for themselves. A workable agreement usually addresses:

The cost formula, whether that means equal shares, shares by parcel count, shares by road frontage, or some other measure the owners agree is fair.
The scope of covered work, including what counts as routine maintenance, what counts as a capital improvement, and whether snow removal is included.
The approval process, including a dollar threshold above which all owners must consent before the work goes forward.
Payment timing, whether owners contribute to a shared fund annually or reimburse the owner who arranged the work.
A dispute resolution clause pointing to mediation or arbitration rather than court.

Recording the agreement with the county recorder’s office is what makes it durable. An unrecorded agreement binds only the people who signed it. A recorded agreement runs with the land and binds later buyers, which stops the whole negotiation from restarting each time a parcel sells.

One Category That Falls Outside Section 845

Section 845 does not apply to rights-of-way held or used by railroad common carriers.¹ Railroad easements are governed by separate state and federal rules. For every other private right-of-way in California, Section 845 is the controlling framework.

1
California Legislative Information. California Code CIV 845 – Easements
2
California Courts. Small Claims in California