This is a follow up question on, can I remove an easement from my property? One of the followers wants to know, does the property owner have a right to use the easement? Yes, as long as it’s not an exclusive easement. If the wording in the easement language is exclusive, that means what it means and no, the owner can’t. Almost every easement that I have seen, particularly for ingress and egress, would allow not only the owner of the property to use the easement but also the benefited parcel, the person who the easement or the property it runs back to that needs to use it for ingress and egress.
The other question has to do with maintenance. It is the duty of the person who is using the easement, meaning the benefited party who uses it for ingress and egress to their property, to maintain the easement. The owner can also maintain the easement, if they want, but that’s up to each party as far as maintaining the easement. The owner has no obligation to maintain the easement for the benefit of the party that is using the easement to get to their property.
Hopefully, I’ve answered these follow up questions. If you have any more questions about easements, give me a call at 727-847-2288.