EASEMENT USERS GET TO PAY FOR REPAIRS

DEAR BOB: The driveway to our house is shared with two other houses through an easement. The easement is on our lot. As a result, we pay the property tax on it. Are we also responsible for repairs when they become necessary? This seems unfair because we don't derive any greater benefits from the driveway than do our neighbors. Should we ask our neighbors to contribute each month to a maintenance fee? --Heidi P.

DEAR HEIDI: Regardless of who owns the land beneath an easement, unless there is a written agreement specifying differently, the easement users are to pay the maintenance cost of the easement. Yes, it would be good to get a written agreement with your fellow easement users. But that may cause more problems than it is worth if you try to collect monthly fees toward eventual repairs.

The developer of the three lots should have specified in the recorded easement how repair costs are to be handled. For more details, please consult a local real estate attorney.

(For more information on Bob Bruss publications, visit his
Real Estate Center).

Copyright 2006 Inman News