An easement is a right in the land of another. The right is often described as the right to use the land of another for a special purpose. An easement gives one party the right to go onto another party's property. An easement is a real property interest, but separate from the legal title of the owner of the underlying land.
In this agreement, co-owners of an easement agree to share the costs and expenses of maintaining the easement.
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Prescriptive easements ? To obtain a prescriptive easement in Washington, one property owner must openly, hostilely, and continuously use part of another's land for 10 years without permission. The laws for establishing a prescriptive easement are almost the same as the requirements for establishing adverse possession.
The property owner must still maintain those types of easements. The property owner will also be the party who must take responsibility if an accident occurs on the easement.
An easement allows for an entity or individual to have limited use of another's property for a specific purpose. Please contact the Department's Technical Review Division to discuss new easements or modifications to existing easements and the associated application requirements.
An easement once granted may be ended by merger. Under the merger doctrine, an easement will terminate when the dominant and servient estates become vested in one person. To satisfy this, there must be a complete unity of the dominant and servient estates, meaning that one person or entity owns the entire plot of land.
Under common law, the owner of a property that gets its access by way of the easement has a duty to maintain the easement, but need only maintain the easement to the degree that the owner deems necessary for access to their own property. This works very well when there is a single property using the easement.
The short answer is ? the owner of the easement is responsible for maintaining the easement.
Therefore, a property owner could be responsible for the maintenance and safety of an easement. For example, New York City laws require most property owners to maintain sidewalks abutting their property in a reasonably safe condition. That requirement is in place even though the public has a right to use the sidewalk.
