I have an easement on my property and my septic tank is 2 ft. onto the easement if my septic is damaged who is responsible for repairing it

the person with access of the easement says it is my responsibility to fix

Asked on April 26, 2016 under Real Estate Law, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

An easement is a right to use and/or access: it does not convey ownership. As the tank's owner, you have to pay for its repairs or maintenance, unless you can show that another person caused the damage either intentionally or negligently (through unreasonable carelessness). If another person was at fault in causing the damage in this way, he or she should pay for the repairs; if that person will not, you could sue him or her for the cost to repair.

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