The plaintiff owned real property located on a road. The defendants own “surrounding properties.” The plaintiff lives at his property on a “full-time basis.” The defendants only use their properties “seasonally.” All parties access their properties using the road which had been “established in a subdivision map filed by…the parties’ grantors in common.”

There is no homeowner’s association or any agreement with respect to the maintenance and repair of the road. Only one defendant’s deed “references a right-of-way” over the road, “but it appears undisputed that all parties had the right to use it.” The plaintiff alleged that his property is bisected by the road, “which runs in close proximity to his home….”