What are the responsibilities of an easement holder?

What are the responsibilities of an easement holder?

The short answer is – the owner of the easement is responsible for maintaining the easement. In fact, the owner of an easement has the right and obligation to maintain the easement. Moreover, they have a duty to keep in the easement in a safe condition to prevent injury to third persons using the easement.

Who is responsible for private right of way maintenance?

A At common law, the owner of land subject to a private right of way (“the servient owner”) is under no obligation to maintain it. If someone with a right to use the roadway (“the dominant owner”) wants it mended, it is up to them.

Is blocking a right of way a criminal Offence?

It is a criminal offence to obstruct a public right of way. Common Law The obstruction of the highway is a public nuisance. A nuisance is something that materially affects the reasonable comfort and convenience of the public when exercising their lawful rights.

Can you lose a right of way by not using it?

An easement, right of way or profit can be expressly released by deed. Once this has been done then it is extinguished and cannot be revived. If the owner explains the non use he or she may still be regarded as not having abandoned the right.

What happens if someone parks in your driveway?

If a vehicle is parked on your driveway without your permission, they are trespassing. As trespass is a civil and not criminal offence, the police will not always get involved. At most, they may send an officer to try and determine the owner of the vehicle and ask them to remove it.

Can I put spike strips in my driveway?

If you have a gate that blocks your driveway and your property is fenced, then installing spike strips will pose much less of a liability risk, though the liability will never completely go away. Spike strips are dangerous and could harm your guests, or anyone else who is invited, or allowed, onto your property.

Basically, the person or party using an easement, known as an easement holder, has a duty to maintain it. Easement holders don’t become owners of the land attached to their easements, though, and within limits the actual landowners retain most rights over it.

Who maintains a right away?

Maintaining a right-of-way for public access or utility companies is the duty of the land owner. Users of the property must also exercise due care restoring the land to its original state if damaged.

Who is responsible for maintaining a private road?

In this case, all of the owners of the road will hold a collective responsibility to maintain and repair the private road; in many cases these landowners will also transfer responsibility to a duly formed homeowner’s association. All too often, however, there are deeds that do not expressly state who owns the fee in an adjacent private way.

What are the responsibilities of land next to a highway?

The owners of land next to a highway have a legal responsibility to maintain ditches to prevent them causing a nuisance to road users. For more information on this, see other leaflets in this series: Number 2 – Ditch Clearance and Number 15 – Riparian Responsibilities. Northamptonshire Flood Toolkit Page 6 Northamptonshire County Council 201

Who is responsible for maintenance of public rights of way?

The Highways Act 1980 places the responsibility of the maintenance of existing structures on Public Rights of Way with the landowner. Applications for new structures need to be made to the County Council, and are only considered on the grounds of either stock control or user safety.

Who is responsible for maintenance of right of way trees?

It is in the right-of-way is where the partnership between residents and the Township for the care of our community forest is most important. Marple’s Municipal Code holds homeowners responsible for maintenance of any trees on right-of-way property.