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  1. #1
    Join Date
    Nov 2010
    Location
    Wayne County, PA
    Posts
    3

    Default Easements: Who is Responsible for Road Maintenance

    My question involves an easement in the state of: PA
    I have a right of way across my neighbors land to access my land locked property. The portion of the access road on his property is in very poor condition and is starting to damage our vehicles. Who is responsible for the upkeep of that portion of the road on his property?
    Thanks

  2. #2
    Join Date
    Jan 2006
    Posts
    33,501

    Default Re: Easements: Who is Responsible for Road Maintenance

    is this addressed in the easement grant? If not, based on general principles, the costs of maintenance are shared based on the amount of use of each person using the easement. If the servient tenant (the guy that owns the actual land) doesn't use it, you would be liable for all the costs to maintain the lane. In some states, who maintains it is based in statute, others not.

    So, the first thing to do is find the original creating document and see what it says about maintenance. Then, I would suggest discussing this with the neighbor. If he doesn't care if you maintain it yourself, then I would suggest doing so and if it is a shared easement, present a bill for his share of the costs.

    If he maintains it, you should expect a bill for your share of the maintenance costs.

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