Legal Question in Real Estate Law in Ohio

maintence of easements on residential property

I own a piece of property that was subdivided. The new panhandle lot has an easement on the north side of my property for egress and ingress.(this easement also has been granted to the local utility company for maintence of their power lines) This new parcel has alternate access to the road along the south side of my propery, though the builder choses not to use it. The easement has sustained substantial damage i.e. ruts and loss of turf during the 15 years the builder has been building a house on the new parcel. I would like to know who is legally responsible to maintain this easement and provide the necessary repairs.


Asked on 6/21/02, 1:27 pm

2 Answers from Attorneys
David Weilbacher, Esq. Attorney at Law

Re: maintence of easements on residential property

The domonate land owner must maintain an easement on a subservant parcel, that is the person who is served and benefits from an easement must maintain the easement. If I can be of assitance, please contact me.

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Answered on 6/21/02, 5:03 pm
Michael Buschbacher Michael Buschbacher Co. LPA

Re: maintence of easements on residential property

The Builder is responsible unless the agreement(if any) provides otherwise. Good luck enforcing the agreement.

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Answered on 6/21/02, 6:10 pm


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