What constitutes an undue burden depends on the facts of each individual situation. How to Determine Maintenance Responsibility in HOAs Its a strange request. Is Ukraine Part of NATO? endstream Maintenance requirements for these easements vary, but the property owner is typically restricted from planting trees or building certain types of improvements within them. By Pennsylvania Name easement. 0000005207 00000 n /Type /Catalog If the easement benefits a particular piece of land, it's said to be "appurtenant" to the land. An easement can be granted to anyone, including a neighbor, government agency, utility company, or even a privately owned corporation. | Last updated November 07, 2022. Who is Responsible for Trees on The Right of Way? - GoTreeQuotes An attic floor seems to make perfect sense. What if, while digging for treasure, your kids come into contact with an underground power line and end up getting electrocuted by it? So, the road that passes through or leads to your land would be an example of a right of way, especially if it is meant to provide a reasonable solution for travel. this case, Inzana and his trees could not unreasonably affect Turlocks ability It may also be gross; in which case the requesting party uses the owners land for the benefit of the adjoining properties. later, Inzana planted 2,400 pistachio trees on his property some in the Ohio Estate Planning: Who do you Trust with your firearms? stream serving its customers. He also spent seven years as an airline operations manager. Call us today at (770) 888-7707 or contact us online to discuss your matter. Will a quiet title action enable you to buy your dream home? These obligations include things like snow removal, re-paving, proper drainage and other maintenance issues. All rights reserved. Private Road Maintenance Agreement Explained for Buyers & Sellers use of the easement has been uninterrupted for a period of seven years or First, insurance companies may be hesitant to insure a property that contains a drainage easement or may be more susceptible to drainage issues. That would include grading, drainage, possibly gravel, probably not pavement.