I have a legal right of way access to use my neighbors private road to reach my property. The road has deteriorated to the point where it is not safely passable. Who's responsibility is it to maintain this road? In addition, I am concerned that emergency vehicles can no longer access my property?
Land Use / Zoning Attorney
The general rule would be that you are responsible for maintaining the easement in a passable/usable condition unless the easement itself provides something different. You need to find that document (it may be in your deed or may be recorded separately) and review it. If it is not clear, you need to talk to an attorney.
1 lawyer agrees
Employment / Labor Attorney
Start by reading the document under which you obtained the rights.
In most cases, easements do not create obligations on the owner of the underlying property. However, roads are a common exception: the costs for maintenance are more often set forth in an easement.
You would be well advised to bring the document to an attorney for review.
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