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Who is responsible for the care of an easement?

On Behalf of | Aug 27, 2021 | Real Estate |

An easement allows others to use a portion of your property through a legal agreement. It may have been an agreement made by a previous owner, but it still legally binds you.

Part of the responsibility you have in the easement is to allow access according to the agreement. Also, according to California Legislative Information, you also must maintain the easement property.

Maintenance and care

It is your responsibility to ensure the easement property is in good condition. This rule applies even if you are not responsible for any damage or wear.

If you live in an area with snow removal needs, that is usually part of the maintenance process. What this means is you will have to ensure a clear path on the property if there is snowfall that might impact access.

Multiple owners

If you own the easement with other parties, you all share the responsibility to maintain the property. If an owner fails to help with maintenance, then you do have the right to take that person to court.


There is an exception to the rule of maintenance. In all cases, the owner is responsible to keep the property in good shape, except when the other party who has the access is the railroad. In that case, you would need to work with the Public Utilities Commission to figure out who will handle repairs and maintenance.

The maintenance rule helps to ensure property owners do not restrict access by not maintaining a property. It also helps to ensure the property is in good condition and does not become hazardous.