Real Estate Law
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What does the written easement state about who is responsible for maintaining the road?
Ok, then the general rule is that the owner of the underlying land has the duty to maintain it in the same condition it was in when the easement was granted. The landowner doesn't have any duty to improve the property, and the easement holder can't improve it without permission..
So if the landowner isn't maintaining the road, then you could maintain a cause of action against them under a breach of contract action and ask the judge to order him to pay for any repairs or maintenance.
If it is under $5,000 then you can sue in small claims court..
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There should be a little paperclip icon that you can click on and upload a file.. I haven't been on your side of the computer for years so I am not positive..
Ok, four paragraphs in it states that the Grantor, who is the landowner, doesn't have any responsibility to maintain at all and ""those costs shall be borne by the immediate adjoining land owners at their own discretion and expense.""
So that changes things entirely and means that you and any other easement holders are responsible for maintaining the property. The landowner was pretty smart to put this in as it means they aren't liable for anything.
Ok, then the underlying landowner is not responsible for any maintenance costs, but all the other neighbors who use the easement basically have to pitch in for maintenance costs if they can all agree among themselves on what they are going to do.
Or they can try to get the county or city to take over maintenance of the road by dedicating it to them..
I don't see anything in the easement grant that makes it mandatory for any other easement holders to contribute to the maintenance of the easement route.. So no, you can't force other owners to pitch in if they refuse..
You could contact the county or city to see if they would accept the dedication of the road so they would maintain it, but that will result in property taxes going up..