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I wanted to know who is responsible to enforce maintenance…

I wanted to know...

I wanted to know who is responsible to enforce maintenance on a drainage easement in Bexar County?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Sorry, Texas

Lawyer's Assistant: Has any paperwork been filed?

No, I am supposed to meet the city administrator and the landowner (next door neighbor) of the property where the easement is.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just need to know who enforces the maintenance.

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Answered in 2 minutes by:
11/17/2017
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,960
Experience: 12+ yrs. of experience including real estate law.
Verified

Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

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Can you give some context? Is this a private property easement (so both the dominate and servient estates are private property)?

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Customer reply replied 6 months ago
There is a drainage easement on the side of my property which is on my neighbors property. I need to know which entity is responsible to determine what the proper maintenance is to ensure proper drainage (we flooded 4 years ago) and who enforces the maintenance of said easement?
Customer reply replied 6 months ago
At this time I only need to know what the Bexar County Texas statue is. This is for my residence.

Thanks

There is NO county statute. This is a state law issue

TX law provides the following:

The easement holder must maintain the easement and the owner of the servient estate must not interfere with the dominant estate

THe case can be seen here

https://www.leagle.com/decision/19901510788sw2d72211404

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,960
Experience: 12+ yrs. of experience including real estate law.
Verified
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P. Simmons
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P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,960
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Experience: 12+ yrs. of experience including real estate law.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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