California's § 845 frame
Section 845 is the whole statutory frame for most private roads: a repair duty on every right-of-way owner, an agreement-first cost rule with proportionate use behind it, and a county-court action to enforce a share.
Questions about § 845
Who carries the duty?
The owner of the easement, or of any land to which it is attached; § 845 words it that broadly.
What standard is kept in repair?
The statute states the duty without a specification; your agreement is where the standard gets written.
How is proportionate use figured?
The statute does not say, and California courts have interpreted it; what those cases hold is a counsel question we deliberately do not summarize here.
Can we sue in small claims?
Yes, under the jurisdictional limit; note the judgment covers the costs requested and does not fix future apportionments.
What if we need more than money?
§ 845 allows specific performance, so a court can order the maintenance itself, not just the check.
Where must the action be filed?
Absent an agreement addressing maintenance, in the county where the easement is located.
Why no attorney-fee recovery?
§ 845 simply does not provide one; your agreement can add fee terms among its signers.
Does an agreement really beat the default?
Yes; the statute reads the parties' agreement first, so the split you record is the split that governs.
Where do we read the text?
Section 845 lives on the California legislature's site, linked below; go to the code itself rather than anyone's digest of it.
This page is general information for road association volunteers, not legal advice. Laws change and every road's documents differ — for decisions about your association, consult a licensed attorney in your state.
Reviewed against primary sources; see citations on each page.