Full question:
Easement to property. Who legally is required to maintain the easement? Is it the owner of the property that the easement is on or the property owner that uses the easement? If damages are done to the easement who is required to fix it / Maintain it by Florida Law?
- Category: Real Property
- Subcategory: Easements
- Date:
- State: National
Answer:
Once an easement is created, the owner of the easement has the
right and the duty to maintain the easement for its purpose unless
otherwise agreed between the owner of the easement and the owner of the
underlying property. The owner of the easement can make repairs and
improvements to the easement, provided that those repairs or
improvements do not interfere in the use and enjoyment of the easement
by the owner of the property through which the easement exists.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
