Hi, I am looking at a place that has an easement from the 70's on the title. The easement is for a ROW that is in place (neighbours driveway to his house). What are the ramifications of having this easement in place. would I be liable for driveway maintenance etc? Thanks in advance. Regards GenY
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It depends on the details contained within the easement documentation, the document will usually set out who can use the ROW & who is responsible for the maintenance of it. Probably best to check with a lawyer but anyone who has access to the title & attached documents will be able to tell you.
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Originally posted by Ivan McIntosh View PostGenY...not sure whether you have an ROW over the neighbours land, or the reverse. Either way, but depending on the wording of the easement, you would both usually be liable for maintenance.
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Good call then. Margins are thin enough without recaldding problems.
Yes the neighbour would be liable for damage. Problem is proving it. Say you come home, there's crumbled edges, you suspect the neighbour had a heavy truck up the drive, neighbour denies it and says it's been like that for a while......better to have your own unshared driveway if you can.
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