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Real Property • Easements
PROP#111
Legal Definition
An easement holder has the duty to make repairs if they are the sole user, but if both the holder and the servient owner use it, then costs are apportioned.
Plain English Explanation
Just because someone has an easement doesn't mean the servient property owner has to pay to maintain the easement. For example, if someone has an easement that allows them to walk along a dirt path on a servient estate, but then that path begins to get overrun by thorny bushes, the easement holder has every right to clear out the bushes, but they can't force the servient owner to do it for them.
Visual Aids
Related Concepts
How can an easement be terminated?
How is an easement created?
How is an easement terminated via abandonment?
How is an easement terminated via destruction or condemnation?
How is an easement terminated via estoppel?
How is an easement terminated via prescription?
How is an easement terminated via release?
How is an easement terminated via stated condition?
How is an easement terminated via unity of ownership?
If the holder of an easement misuses it, does the easement terminate?
In assessing a property law issue, how may a license become irrevocable?
In assessing a property law issue, what is a license?
What constitutes a valid easement by express grant?
What is an affirmative easement?
What is an easement?
What is an easement appurtenant?
What is an easement by prescription and how is it acquired?
What is an easement in gross?
What is a negative easement?
What is the difference between a license and an easement?
What is the result of a failed attempt to create an easement?
When does an easement by express reservation arise?
When does an easement by necessity arise?
When does an easement by necessity terminate?
When may an easement be implied without preexisting use?
When may existing use create an implied easement?
