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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.