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You should check the language in the instrument that created the easement. Often there is language as to obligations and rights that is not carried forward in deeds. The title company or attorney who represented you should have a copy of the original easement. If the deed that created the easement is silent as to upkeep then no one is responsible and the responsibility may fall to the one who needs to use it for access. In that case, the parties may need to make a new agreement.
What else can I help you with?
What is a nonexclusive easement.?
If you have a non-exclusive easement appurtenant to your property it means that you can't stop others from using it. If you're considering the purchase of property with a non-exclusive driveway easement you should determine who is responsible for repairs, upkeep and maintenance costs, and who else has the right to use it.
Does real estate property include sidewalk?
In most US cities, the sidewalk is on an easement owned by the city. This easement usually runs from the sidewalk to the curb. The property owner is responsible for the upkeep of the sidewalk including shoveling snow and repairing any damage.
What is a nonexclusive?
If you have a non-exclusive easement appurtenant to your property it means that you can't stop others from using it. If you're considering the purchase of property with a non-exclusive driveway easement you should determine who is responsible for repairs, upkeep and maintenance costs, and who else has the right to use it.
What are the rights associated with a water line easement?
Rights associated with a water line easement typically include the right to access the easement area for maintenance and repair of the water line, as well as the right to install and use the water line. These rights are usually outlined in the easement agreement between the property owner and the entity responsible for the water line.
Can a land owner install a wooden deck that crosses a perpetual easement?
You need to review the language in the document that created or granted the easement. It is likely that structures are prohibited within the easement area. If that's the case, the easement owner can demand the removal of the structure.You need to review the language in the document that created or granted the easement. It is likely that structures are prohibited within the easement area. If that's the case, the easement owner can demand the removal of the structure.You need to review the language in the document that created or granted the easement. It is likely that structures are prohibited within the easement area. If that's the case, the easement owner can demand the removal of the structure.You need to review the language in the document that created or granted the easement. It is likely that structures are prohibited within the easement area. If that's the case, the easement owner can demand the removal of the structure.
Is a homeowner at all responsible for the upkeep of sidewalks in front of owner's house in Highland Park?
No, The homeowner is not responsible for the upkeep of the concrete sidewalks. But most Local ordinances do generally hold the Home Owner reponsnible for limited upkeep "grooming" of the city easment. this is the green common area between the sidewalk and up to the curb of the street, if one exists.
Is the landlord responsible for upkeep of a toilet?
yes
Can you plant a tree near a utility easement?
You need to review the document that created the easement in order to determine what rights you may have within the easement area. Most utility easements require that the area within the easement be kept clear of structures, trees and brush.
Can one erect a fence on an easement with an existing rights of way of the hoa?
Read your governing documents to determine your rights to erect a fence.
Who maintains the easement if it is not specified on file?
If that issue was not addressed in the original easement agreement then no one is responsible. The parties need to draft a supplemental agreement.
Who is responsible for red fort upkeep today?
the government
May children play on an easement without violating the terms of the easement?
It really depends on the nature of the easement. And the nature of the easement depends on the terms of the easement. Appart from state law which generally defines an easement, the terms of the individual easement usually limit the usage of the easement property...or rather subject the holder of the rest of the property and what is left after the use of the easement to what can and cannot be done on/with/to the land/sky/land beneath the easement. (It is convenient to see an easement as an area with clear boundries, most of the time; however, easements are really rights to use the area a certain way in opposition to the holder of all the other rights to do with it as he pleases.) You really have to know the terms of the easement.
