Easement Maintenance Agreement Form
Description
How to fill out Oregon Driveway Easement And Maintenance Agreement?
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FAQ
Who is responsible for maintaining an easement? Usually, the owner of the easement is responsible for maintenance (20 Florida Jurisprudence 2d Easements section 49 2014). The parties to an express easement may alter their responsibilities by agreement.
The person permitted to use the easement must perform any necessary maintenance to ensure the land can be used for its purpose. For example, your neighbour with an easement granted for access has the right to enter the land within the easement and maintain the area to a condition suitable for use only.
Driveway Rights and Obligations to Repair One issue that comes up from time to time is whose responsibility it is to maintain an easement. The short answer is the owner of the easement is responsible for maintaining the easement.
As a general rule, the holder of an easement is responsible for repairs to the easement when the use of the easement is impaired due to lack of maintenance. Equitable Life Assurance v. Tinsley Mill Village, 249 Ga, 769, 771 (1) (294 SE2d 495) (1982).
The idea of easements is to create provisions on land titles for a range of public works like drainage, electricity supplies, and water supplies. Easement rights are typically owned by public authorities to allow access, maintenance and construction work for these services.