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The legal situation may not bother some people, but for others, it may. Most of the time, a property owner cannot block an easement that has already existed in the property's deed. When the property owner contests the easement's boundaries, a reputable local company in California can conduct a property survey.
The legal situation may not bother some people, but for others, it may. Most of the time, a property owner cannot block an easement that has already existed in the property's deed. When the property owner contests the easement's boundaries, a reputable local company in California can conduct a property survey.
Our Los Angeles Easement attorneys constantly deal with easement disputes of many types. 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.
Usually, a property owner is liable for injuries that occur on its property arising from negligent maintenance or failure to warn of known hazards.
Any landowner contemplating the grant of a new easement over his property should consider whether he wants the grantee to assume a portion of the property taxes. By statute, property taxes are usually assessed to the landowner.
Negligent maintenance is another issue. The servient estate owner is typically responsible for maintaining the easement, and when this duty is neglected, it can result in disputes. Poorly maintained easements can affect property values and functionality.
An easement grants the right to utilize another person's land for a certain purpose, such as exit and entry. However, it is crucial to understand that easements do not grant holders a possessory right. They also do not provide the holder the right to profit from the land or the right to inhabit the property.
California Civil Code § 845 lays out the responsibility of private road maintenance, including snow removal.