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Hi and welcome to JA. Ray here to help you today.
The dominant owner generally has liability. It is the long-established rule that the duty to improve or
maintain an easement rests on the owner of the easement, the dominant estate.
The serviant owner may also have liability depending on the facts and
whether they had some involvement and there fore liability.Know that liability for both parties .Most civil suits or claims would seek to hold all parties liable, if there is no maintenance agreement that covers liability or a hold harmless.It would be up to the courts to decide liability using the facts and principles I set out above.The dominant owner here in absence of some agreement is almost always liable, the serviant owner may also have some liability as well if the court determines they are responsible for the harm based on the specific facts.
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