Easements

Question 1

Who has the duty to maintain the easement? What if it is shared?

Answer 1

If the easement is shared, the owner who maintains or repairs the easement may seek contribution from the other owners of the easement after adequate notice and opportunity to participate in repairs decision.

2. The owner of the servient estate also has an obligation to contribute to the repair or maintenance of an easement if the servient estate owner uses the easement.