If a group of people agree on maintenance, it may work well with a limited number of participants, but the larger the group, the more difficult the process. Delinquent landlords can be the biggest headaches with private maintenance of the road. A person may disagree with the work or quality to be done and express this disagreement by refusing to participate in the fees. In the absence of a unit (association), one or more individual owners must apply for action on their own behalf and negotiate the costs with the other owners. In addition, legal actions are brought against actions. A counterclaim is indeed a new and separate action against the person filing the forfeiture action on behalf of the other owners. Legal action must be defended, and its mere existence may appear on a person`s credit report. We often see these cases. The theory of facilitation by necessity or facilitation by involvement began from the ground up that a property is really closed internally and that there is no access to a public road, because the land is surrounded on all sides of private property and therefore access is necessary to reach a public road. These cases were easy to decide because the maps and investigations clearly did not provide any real access.
But over time, the lack of direct access to a public road has turned into a theory that there is no reasonable access. That is, the property is close to a public species, but some sort of geographical issue complicates access; That is, a stream (not impossible to cross, but incredibly expensive to get the necessary permissions to cross) or a steep slope or a degree that requires so much excavation work that it is not practical. This line of legal argument, which requires proper access, can transform the landscape in terms of legal facilities regarding real estate. In rural subdivisions, it is customary to add access facilities to real estate. This is a right granted to allow the owner of the beneficial property to cross the congested property to reach the beneficial property. Access is one of the fundamental principles of property, and it is such an important subject that the common law has long recognized the theory of “simplicity through necessity.” This means that if a land is closed and their property is not accessed from a public road, then the court has the option of placing relief on adjacent land to allow its owner to access it. The directive is that the property is so unique and so valuable that an owner should not be excluded from access by other properties.