Who must maintain an easement?

I live in a rural area. My neighbor owns 3/4 acre next to my land. They have not been on their land in 9 years. They showed up and wanted to know why their road had trees growing on it. They want me to remove them. The easement was not recorded but was notarized. Is it valid?

Asked on June 1, 2012 under Real Estate Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There are various types of easements and it seems to me that this is an easement by agreement, where the owner of the property voluntarily contracted and gave an easement to another. The agreement is a contract and it is valid upon execution by the parties.  It should address who is responsible for maintaining the easement.  If it does not then you may need help making a legal determination as to same.  I would take the agreement to an attorney as soon as possible.  Good luck.


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