What to do if I rarely use my landlocked easement and now the grantor wants to charge me 50% of upkeep but he uses it every day for his property?

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What to do if I rarely use my landlocked easement and now the grantor wants to charge me 50% of upkeep but he uses it every day for his property?

I am having an easement dispute with my neighbor. I have an easement through his land to mine, which is land locked. The grantor plans to fix the gravel road when it needs repairs due to use and weather and then charge me 50% of the repair cost without discussing the costs or repairs. The grantor uses the road everyday to access his property along with his family. I use the easement maybe 1-2 times a year to get to my property. Do I have to pay for repair of the easement? If so, can he just make the repairs and bill me 50%?

Asked on August 5, 2012 under Real Estate Law, Maryland

Answers:

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

Answered 9 years ago | Contributor

The maintenance can be either the landowners or the easement holder.  It varies under state law so you need to check. But I can see here that there are many issues with use that would be mitigating under the circumstances.   I think that you need to discuss this with an attorney in your area and discuss negotiating the matter.  You should have a say in repairs, etc.  Good luck. 


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