Maintenance Tips when Drafting Easements img

Maintenance Tips when Drafting Easements

calender icon 10/24/2023    poster icon  Mark Goodman

Drafting easements requires a lot of care and attention to detail. This is especially true when dealing with the maintenance of the easement. In this article, we are going to offer up some maintenance tips when it comes to drafting easements.

Dealing with Easement Maintenance

An essential element of easements that many don’t consider is maintenance. In order to avoid confusion in the future, it’s important to make it clear who will be in charge of the maintenance of the easement. To that end, ask yourself these questions:

  • Whose responsibility is it to maintain the easement area?

  • Whose responsibility is it to initiate and pay for repairs / replacements in the easement area when necessary?

To illustrate the importance of defining easement maintenance responsibilities – consider a paved road with an access easement. Eventually, this paved road will break down and develop potholes. Whose responsibility is it to pay for repairing these damages? Deal with these issues now so you don’t have to deal with them in the future.

In many easement agreements, there will be included various assessment provisions that guarantee the maintenance of an easement area. If you don’t have clear definitions of who is responsible for what in your initial agreement, you may run into nasty disagreements with other property owners down the line.

Experts in Commercial Transactions

Commercial real estate transactions can get complicated quickly. Having a title company by your side can make the process a whole lot simpler. At Commercial Partners Title, we have built up a reputation as being experts in commercial transactions over our decades of work in the industry. Reach out to our team of commercial closers, underwriters, and escrow agents today to discuss the details of your transaction and see how we can help. You can find us at our office in the heart of downtown Minneapolis.