Who should maintain an easement on your property?

| Aug 29, 2022 | Real Estate |

Having an easement may not be the most welcome news for your property, but it may be necessary so that another property owner can access landlocked property just beyond your land. With the easement established, you might wonder who has the responsibility of keeping up the easement.

A dispute could break out between you and the easement holder if you do not establish who should maintain the easement. In such a situation, understanding the obligations of the property owner or easement holder is important in reaching a resolution.

The duties of an easement holder

The primary responsibility of maintaining an easement falls on the easement holder. This means if the easement is a road across your land, the holder should make sure to keep the road in usable condition.

This does not mean the holder has total rights over the easement. In general, the law will not allow an easement holder to alter an easement from its original purpose. For instance, the person using the road over your land cannot suddenly turn it into a storage location for automobiles or other personal property.

The duties of an easement owner

As the property owner, you are also the easement owner. Your basic responsibility is not to do anything to obstruct the easement holder from using the easement. However, you may have the legal right to make repairs or improvements to the easement. Doing so might not only keep up the value of your property, but you could remove hazards like brush that may catch on fire.

Spelling out easement duties may be important

Given that ambiguities in easement law can pop up, you may want to spell out conditions with the easement holder for maintaining an easement. A dispute over an easement could send you to court, and while you should be ready to defend your rights, taking preventive steps might be of benefit.

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