What are the liabilities for a homeowner that has a pedestrian easement on their property….I.e. Accidents

UPDATED: Oct 1, 2022

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What are the liabilities for a homeowner that has a pedestrian easement on their property….I.e. Accidents

We have a pedestrian easement on our lot that allows people to access a common
I would like to ask who is responsible in case of a fall or some other kind of
Thank you

Asked on November 3, 2018 under Real Estate Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

An easement allows others to access your property but does not take away your ownership of it or your ability to access, use, and possess it. You are liable for ensuring that there are no inherently dangerous conditions on the easement, like debris or sharp tools left behind, holes or divots that someone could turn an ankle in, a dead tree which may fall or drop limbs on someoene, etc. If a person is injured due to a dangerous condition which you let persist, you would be liable.
You are not liable for an injury where you had no fault--e.g. someone just happens to trip; two people get into a fight on the land; etc.
You do NOT need to let anyone put stepping stones down: others may have an easement for access, but it's still your land, not theirs.

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.

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