Easements are a frequent topic on this blog. In this article, we’re going to focus on the importance of considering maintenance when drafting an easement.
An important thing to consider when drafting an easement is who will be responsible for its maintenance. It’s important to ask the following questions:
- Who is responsible for maintaining the easement area?
- Who is responsible for paying for any repairs or needed replacements in the easement area?
- Who is responsible for initiating the repairs, deciding when they should be done and contacting a contractor?
An example of an easement where maintenance would be a factor would be an access easement with a paved road. Who will be responsible for maintaining that paved road, patching the potholes, and paying for those repairs? It’s essential to figure out these details during the drafting process so there are no issues in the future.
Often included in an easement agreement are assessment provisions that ensure that an easement area will be well maintained. It’s important to contemplate maintenance in the initial easement agreement rather than dealing with issues and possible disagreements later when the easement area requires repairs.