As a commercial title company, we deal with easements all the time. There are a lot of questions and misconceptions about easements and we’d like to address some of those questions here. In this article, we are going to talk about a few things you should know about easement drafting and maintenance.
Who is Responsible for Ongoing Maintenance?
When an easement is being drafted, you need to determine who is responsible for ongoing maintenance of the easement in question. You need to consider who is going to be responsible for initiating and paying for any necessary repairs or replacements in the easement area.
Let’s take a look at a simple example. Imagine a paved road access easement. Over time that paved road is going to need repairs and maintenance. Who is responsible for filling potholes and paying for these types of repairs? These are important questions to ask yourself during the easement drafting process to avoid potential issues in the future, such as disagreements about who is responsible for easement repairs.
Easement agreements often include an assessment provision. These provisions ensure that the easement will be maintained and spell out who exactly is responsible for what. These types of provisions are essential to include in the easement agreement.
Commercial Partners Title
Commercial Partners Title provides expert commercial title underwriting services (and more) to clients throughout the state of Minnesota and across the country! Our team has a combined 200 years of experience under our belts. That makes us one of the most experienced title companies around. We can put our expertise to work and ensure your commercial transaction goes off without any issues. Reach out today to set up a time to chat with one of our commercial title experts about your next commercial transaction!