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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.
A conservation easement is a voluntary legal agreement between a landowner and a government agency or land trust that permanently limits future development of the land to protect its conservation values.
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.
(1) ?Conservation easement? means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic or open-space values of real property, assuring its availability for agricultural, forest, recreational or open- ...
What does an easement require the property owner to do? Under District law, the owner of a property protected by an easement registered with the District must obtain written consent from the easement holder before a subdivision or permit for work on the property can be issued.
Private drainage and erosion issues, as well as ground water issues (ie. natural springs), are the responsibility of the property owner.
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.
DRAINAGE EASEMENTS The general purpose of drainage easements are to maintain the historical flow and alignment of storm water runoff, or to provide building setbacks. These easements are most commonly acquired through dedication by the property owner during the development process.