What are the rights and responsibilities regarding a deeded easement?

Asked over 2 years ago - Coalinga, CA

We have an easement across our neighbor's property to access our landlocked parcel/residence, zoned agricultural. The easement is paved and in fair condition. The new residents are causing some damage to the paved easement and are not amenable to discussions regarding repairs, costs. etc.

Attorney answers (2)

  1. 1

    Lawyer agrees

    Answered . Is there a road maintenance agreement? Are the new redidents owners or tenants? Generally each party is responsible to maintain the easement in proportion to their use. What is causing the damage to the pavement? If they are using heavy machinery or conducting activities for which the road surface was not designed, they may be exclusively obligated to effect repairs. You may need to hire a lawyer to write a letter and possibly pursue legal action.

  2. Answered . I agree with Mr. Boss. Also, some easements have specific language addressing maintenance and/or repair obligations so you should study the recorded easement itself.

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