Private road has Easement access who is all responsible to cover repair cost?

We live on a private lane where we homeowners have to pay for the upkeep of the
lane. There is an easement access on this private lane also. We want to grate and
add gravel to the lane. Can we ask and expect the people that use the lane for
the easement to help cover costs of the lane repair?

Asked on March 10, 2016 under Real Estate Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can always *ask*, but those with an easement are not liable or responsible to pay for repairs, maintenance, etc. (that is, choosing to pay would be voluntary for them) unless you can show that it was specifically their use which caused the damage or condition which needs to be corrected...however, even in that case, if they won't voluntarily pay, you'd need to sue them and show that they did the damage in court to force them to pay. Unfortunately, it's almost always the property owner who has to pay.


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