Who is responsible for repairing a pipe under a private street in which creek water is funneled?
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Who is responsible for repairing a pipe under a private street in which creek water is funneled?
The pipe partially collapsed and needs repair. The pipe is located via an easement under the property of a homeowner on a private street. This homeowner is a member of 2 homeowners associations: (1) the private street association, and (2) the larger homeowner association. Is the county, the developer, or either homeowner association responsible for all or part or is the repair the responsibility of the private homeowner that has the easement? The creek serves as drainage for the larger association as well.
Asked on September 14, 2011 under Real Estate Law, Ohio
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The best way to answer your question is to ascertain what type of easement is at issue and for whose property the easement benefits and whose property the easement burdens by specifically reading the terms of the easement at issue. I suggest the language of the specific easement at issue be read carefully in that it might contain language as to whose responsibility it is for the repair of the collapsed pipe assuming it is mentioned as part of the easement.
Typically a person who owns an easement over one's property has the obligation and duty to maintain it at his or her own expense and not at the expense of the owner of the property that is burdened by the easement.
If the drainage pipe is not part of the easement at issue, then it would appear that the repair of the damaged pipe would lie upon the owner of the land where the pipe lies.
Good question.
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