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ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 15761
Experience:  Licensed General Practice Attorney, Texas
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We own the property that our neighbor uses as an easement. The easement runs the length of

Customer Question

We own the property that our neighbor uses as an easement. The easement runs the length of his property but his driveway is about in the middle of the easement. So he rarely drives on the easement past his driveway. The easement legal papers state "(the 2 parties) shall share the expense of maintaining, repairing and improving the remaining roadway" The other party believes he is only responsible for repairs of the easement up to his driveway and not extending beyond that. He also believes that he should not pay 50% of the repairs because he thinks he does not drive on it as much as we do. Also he believes that if his or his friends vehicles are damaged by driving on the easement that is currently in disrepair I will be liable for any damages to the vehicles. Is any or all of this true?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  ScottyMacESQ replied 1 year ago.
Thank you for using JustAnswer. Can you tell me what comes before and after this clause in the written easement that you cite?
Customer: replied 1 year ago.

can I send you a pdf file to your email?

Does it matter that you are from Texas....I was told that I would be dealing with an real estate attorney from my home state of iowa

Expert:  ScottyMacESQ replied 1 year ago.
You can attach the PDF here. As far as being from Texas, it's probably not going to matter as it's going to be an issue of contractual law, 99% of which is pretty much uniform state to state. If there's any issue that I think is going to be state specific, I can opt out.
Customer: replied 1 year ago.

Attachment: 2015-06-12_160649_deed_easement_rights.pdf

ok I think it is attached correctly

there should be 4 pages in pdf format

thanks

Expert:  ScottyMacESQ replied 1 year ago.
Got it. Give me a few minutes.
Expert:  ScottyMacESQ replied 1 year ago.
He's going to be responsible for at least some of all of the easement. The first part (126.43 feet represented in 4(a) of page 3) is borne exclusively by him, and the rest of the easement is going to be 50/50 (that's what "shared" means here, in the absence of some other percentage). It doesn't matter if he drives on it 1 time a year or 1 time every 10 years. This is contractual, in that in order to get the easement he agreed to share the expenses. As far as friends being damaged, so long as you don't intentionally harm the vehicles (i.e. set traps, etc...) and notify of known conditions that could harm them, you're not going to have any liability. This is known as "licensee" liability in landowner liability cases. You need only notify someone of a known condition that could reasonably harm their vehicle. Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Expert:  ScottyMacESQ replied 1 year ago.
Did you have any other questions before you rate this answer?
Expert:  ScottyMacESQ replied 1 year ago.
I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

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