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Ray, Lawyer
Category: Legal
Satisfied Customers: 41564
Experience:  30 years in civil, probate, real estate, elder law
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Who holds liabilty of a easement in case of a accident.?

Customer Question

who holds liabilty of a easement in case of a accident.? serviant or dominant
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

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.

I appreciate the chance to help you today.Thanks again.