Legal Question in Real Estate Law in California
Who is responsible for property upkeep on a driveway easement? I must drive through an easement to get to my property and there's one more house beyond mine. It is a road-base gravel driveway with 2 culverts for drainage. I maintain the trees and culvert on my property but I am concerned that the part I must drive through is overgrown and more importantly, the culvert is very clogged with leaves and dirt. We are expecting a very big storm in 2 days and if there is a deep puddle, I may not be able to get out or in. Please advise me.
2 Answers from Attorneys
The owner of the parcel benefited by the easement is obligated to (and has the right to) maintain the easement. The owner of the parcel over which the easement passes, the burdened property, has no obligation to maintain the easement unless the easement documentation calls for it.
Mr. McCormick got it right. In your situation, you and the owner behind you are responsible jointly for the front part of the easement and arguably your section (since he needs to make sure it is usable for his access), and the owner behind you is responsible for his part of the easement.
The owner up front may have some obligation to maintain his property generally, but is not required to maintain the easement for your benefit. He can't do anything to interfere with or damage your easement either.
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