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If the easement either contains no language related to maintenance (or is not written at all), the default rule is that the dominant estate owner (meaning the person who was granted the easement) is required to adequately maintain the easement at no cost to the servient estate owner (the easement grantor).
Should the owner of the servient land prevent you exercising your easement you can seek an injunction against them to enforce your right. When seeking an injunction it is important that you act quickly.
The owner of the servient estate over which the easement runs has no duty or obligation to maintain or repair the easement's improvements. 4. Other Characteristics. Most appurtenant easements are perpetual and continue forever.
A prescriptive easement is a legal principle giving a nonowner the right to use a portion of someone else's land. Easement issues often comes up when people use a path or driveway that crosses a piece of land the users do not own. Most real estate matters are governed by state law.