What can a person do to maintain an easement?
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What can a person do to maintain an easement?
A neighbor has an easement through our property. Recently he added gravel to the roadway, can he do this or does he have to get permission from us before making any improvements to the easement?
Asked on June 27, 2011 under Real Estate Law, Wyoming
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In most States in this country there are statutes and court decisions requiring the owner of an easement to maintain the easement at his or her cost and not at the cost of the property owner.
The degree of effort for maintenance of an easement by its owner typically depends upon the nature of the easement, its scope, its purpose and in your case a presumed roadway easement for access the terrain of the land.
If the easement through your property is for general roadway purposes for access, most likely adding gravel to it by the neighbor to fill in pot holes and smooth out its surface would be part of the allowed maintenance and upkeep by the owner of the easement.
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