Question: Who Is Responsible For Easement Maintenance?

Maintenance of the property is the responsibility of the landowner.

If the holder of the easement or right-of-way causes any damage, they must restore the property to the original condition or pay damages.

Structures owned by the holder of the easement are not the responsibility of the landowner.

Do you have to give someone an easement?

Generally speaking, an easement is a more serious property right; it is the legal right to use someone else’s land for a particular purpose. While you certainly do not need a lawyer to create or grant an easement to your neighbor, it might be a good idea to retain one.

Can a property owner block an easement?

Generally, an easement’s use and access can’t be blocked unless thee is cause for termination. Once an easement is created, the owner of the easement has the right and the duty to maintain the easement for its purpose unless otherwise agreed between the owner of the easement and the owner of the underlying property.

What is a maintenance easement?

Maintenance easement means an area of a parcel of land free of structures reserved to an adjacent parcel of land to allow access to repair and maintain a structure located on the adjacent parcel.

Who owns an easement?

An easement is a property right that gives its holder an interest in land that’s owned by someone else. It’s common for people to lack a clear understanding of easements and the numerous legal problems that can arise in their creation, interpretation, and implementation. Luckily, you’ve come to the right place.