My question involves real estate located in the State of: AZ
We have a situation where a developer building homes needs to upgrade the private easements for his ingress/egress to meet County codes. There are no "roads" all are a series of 40' wide by 660' long easements where each property owner owns 20' to the center line of the "road".
The developers parcel is included in the written easement. The easement is silent on maintenance. The roads were originally dirt and most still are with folks throwing gravel down at times.
The developer is not land locked and has another easement they can use which even gives them the right to improve it. It's a better route but I think more cost and legal problems.
As a servient user of the easements he needs for access do they have a right to improve the easement if the dominant owner objects. They would pay the entire cost of improvements.
Most owners do not want the developers improvements. It appears they are already taking legal action.
The people on the main ingress/egress may have a shot at putting an undue burden on the road but this is AZ where developers come first.