Examination Timing: 00H01M37S
James purchases a holiday cottage which has the benefit of an easement for access to the public highway over a neighbouring landowner’s property. When he visits the property for the first time in the summer, he discovers that heavy rain the previous winter has washed away the road, making access difficult. Which of the following statements best describes the legal position?
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Both parties are under an obligation to keep the roadway in good repair according to their use of it. Generally, an easement does not place a positive obligation on the owner of the servient tenement to undertake maintenance or repairs. If the grant of the easement does not specify how maintenance costs are to be divided, these costs are typically apportioned according to each party’s use of the easement. This ensures that both parties share the responsibility for upkeep proportionately to their benefit from the easement.
Key Point: Easements grant specific rights over another's land but do not typically impose positive obligations to maintain or repair on the servient owner. The allocation of repair responsibilities, unless explicitly stated in the grant, follows the principle that costs are divided according to each party's use. This principle maintains fairness and prevents unjust burdens on either party.
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