Legal Question in Real Estate Law in California
Easements
On a private road (easement), is the owner of the roadway responsible for maintenance. The easement has not been dedicated
Asked on 11/26/06, 10:28 am
2 Answers from Attorneys
JOHN GUERRINI
THE GUERRINI LAW FIRM - COLLECTION LAWYERS
Re: Easements
In general, the owner of an easement is rseponsible for its maintenance. This is well-established by common law and statute. However, it is subject to modification if there is an agreement between the parties shifting maintenance to the landowner on which the easement lies. This is not common.
Answered on 11/27/06, 8:56 am
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Re: Easements
Absent an agreement to the contrary, responsibility for maintenance of an easement is apportioned on the basis of use, not ownership.
Answered on 11/26/06, 3:21 pm
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