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ARTICLE · 28 AUGUST 2024

Not My Problem: The Maintenance Of Easements

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When you grant an easement over your lands to another, who has the obligation to maintain the lands and the improvements on those lands? One might argue that it is the grantor of the easement—that the owner...

CanadaReal Estate and Construction
Simon Crawford
Simon Crawford
Mykala Way
Mykala Way
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When you grant an easement over your lands to another, who has the obligation to maintain the lands and the improvements on those lands? One might argue that it is the grantor of the easement—that the owner has the obligation to ensure that the easement is maintained so that the grantee can always use the easement as intended. Or, one might argue that it is the grantee, on the basis that the grantee is deriving a benefit from the easement and should maintain the improvements on the easement lands to a certain standard. After all, if the grantee is enjoying the benefit of the easement lands, should it not exercise some degree of care in the maintenance of those lands and improvements in them?

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