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    Default Who Has the Duty to Repair and Maintain Easements

    My question involves an easement in the state of: Indiana

    Hello, everyone!
    I currently own an undeveloped piece of property that's been in the family many many years. Landlocked behind it is a smaller chunk of undeveloped property owned by a different family (also, presumably for many years). I do not know if they were originally part of the same plot, or not.

    There is a private dirt-road that leads from the public road, transverses my property at its widest point, crosses onto their property; and finally, terminates into a pasture owned by a 3rd party.

    The road on my property borders a creek for a large section of its length. In one section, shortly after the beginning, it has been eroded by the creek to the point it isn't passable by truck, or anything larger than a SMALL 4-wheeler. This renders most of my property inaccessible to me with anything but my feet. (As I do not own a 4wheeler, but THEY do)

    Am I obligated to fix this?
    Am I liable for damages/injuries if they use the road and run off into the creek?
    Am I still even obligated to provide access to the road if it can only be navigated by 'off-road' vehicles?

    The road has a locked gate separating it from the public road. It has been the tradition in my family to give them a copy of this key.

    I am assuming this is what would be required, but they have lost their key before, as well as insisted that we keep it unlocked. Are there any other alternatives here?

    Lastly, while there are no other public roads that reach their property, there is a possible route through a 3rd landowner's gated driveway (past a run-down, un-inhabited farm house), and through an adjoining pasture. This is the same field noted earlier as the terminating point for the private road in question, and would be a faster, more direct route, easily navigated by a full-size vehicle.

    Would "easement of necessity" be applied to the 3rd party's property if it was deemed easier to be transversed than mine?

    Also, it should be said that, I live about 35min away from the property, and I'm doing well to get out there twice a week. I have many problems with trespassers, thieves, and hunters without permission as it is. I worry about who will end up with copies of the gate key, and I cringe at the thought of people racing through my woods with 4wheelers, digging ruts, and destroying vegetation.

    What can I do?

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