An easement is a property right that allows a person
to use the property of another. An
easement can give you the right to use someone else’s property, or give someone
else the right to use yours. The
question is who needs to maintain a driveway that is on your property, but is
used by your neighbor? A
new law, effective October 1, 2014, Public
Act. No. 14-67 will now require those who use
easements to pay the costs associated with the maintenance and repair of the
easement. What constitutes maintenance or repair is not explicitly defined in
the law, although the law does state that snow removal is included as a
maintenance cost.
If multiple people use the easement, then the costs
associated with maintenance and repair are to be divided on the basis of the
proportionality of use among all easement users. A single person, however, may
be responsible for the costs associated with the easement repair if that person
directly or indirectly caused damage to the easement. Failure to pay for these
repairs gives the other easement users a cause of action against the user who
caused the damage.
The law applies to “private appurtenant easements.”
These types of easements remain associated with the property, even after it is
sold or another person takes possession. The parties, however, do have the
ability to enter into agreements that could supersede the law’s provisions. The
law firm of Brown, Paindiris
& Scott has experienced real estate attorneys
that can assist you with questions on how this law may impact you as an
easement user or owner of a property with an easement.
