What can a person do to maintain an easement?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can a person do to maintain an easement?

A neighbor has an easement through our property. Recently he added gravel to the roadway, can he do this or does he have to get permission from us before making any improvements to the easement?

Asked on June 27, 2011 under Real Estate Law, Wyoming

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In most States in this country there are statutes and court decisions requiring the owner of an easement to maintain the easement at his or her cost and not at the cost of the property owner.

The degree of effort for maintenance of an easement by its owner typically depends upon the nature of the easement, its scope, its purpose and in your case a presumed roadway easement for access the terrain of the land.

If the easement through your property is for general roadway purposes for access, most likely adding gravel to it by the neighbor to fill in pot holes and smooth out its surface would be part of the allowed maintenance and upkeep by the owner of the easement.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption