If I have an easement for my driveway that is badly in need of repair, who is responsible for the repair?

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If I have an easement for my driveway that is badly in need of repair, who is responsible for the repair?

This easement needs repair after 5 years of construction by my neighbor.

Asked on December 13, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under the laws of all states in this country the person who holds an easement to another person's land is obligated to maintain the easement and make all necessary repairs. However, if the neighbor purposefully damaged the driveway then he or she is responsible for bringing it up to a proper condition for passage under the law.


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