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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116780
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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What can be done if a easement holder does not maintain the

Customer Question

What can be done if a easement holder does not maintain the easement required by an easement? What can be done if the easement holder goes onto non easement property to build a dyke to keep a seasonal creek on private property from flooding the easement?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Lane county OR.
JA: Has any paperwork been filed?
Customer: Not yet looking for legal counsil
JA: Anything else you want the lawyer to know before I connect you?
Customer: I also have a problem with a hardship house on the property that was sold to me under false representation
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The easement holder can be sued for trespassing for going onto non-easement land to do anything, even if it is to keep the easement from flooding. The easement holder has a duty to maintain the easement if they want to use it. If there is a problem on non-easement land that is causing the easement to become blocked, then the easement holder has to approach the owner of the land to correct the problem on the non-easement land to stop from obstructing the easement and the land owner has a duty to do so because the land owner cannot allow the easement to become obstructed.
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