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MsWest, Senior Research Associate
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Real Estate

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The subdivison in which I live granted a Scenic Easement for Conservation to the County. Who is repsonsbile for maintaining that easement, cutting trees, clearing brush, etc. The County or the Suibvidision? It is not spsecified in the deed. i

Hello, and welcome to Just Answer.

If there is nothing about maintenance in the easement deed, the property owner (subdivision) remains responsible for upkeep. If there is a home owner's association to which homeowners pay dues, money from that should be set aside for easement maintenanve. If no association exists, it may be somewhat difficult to enlist homeowners to help pay for maintenance.

Is there any other agreement regarding this of which you are aware? If so, it might give a clue as to the specifics of who is responsible. In your own deed, is there anything about this easement? It may be mentioned if the original subdivider/developer of the housing development deeded the easement. This type of easement is often a requirement of the county, and all the details should have been disclosed when you bought your home.

Because is a "Scenic Easement for Conservation," that implies that it is to provide an area of for visual enjoyment in the midst of the homes, and it might also imply conserving any natural resources, including vegetation, animals, etc. One could take that to mean, since the easement was granted to the county, that the county would keep the deeded easement land "scenic." However, in real estate transactions of any kind, something must be stated in the writing, and/or any conditions, covenants or restrictions in the deed to be binding. If nothing in the deed addresses the maintenance issue, the county will most likely not be expected to maintain the land, should this become a legal issue in court.

In any case, it might be well worth approaching the county (if that hasn't already been done) to ask them to maintain the easement.

I hope this answers your question, but if you need further information please let me know.

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