Easement Maintenance

[saanengirl]

What is the name of your state (only U.S. law)? Indiana (Spencer County)

Our neighbors have a 20' ingress/egress easement across our property. They share our driveway up to a point, and the rest of the easement is their driveway. We maintain our driveway, and used to maintain their's as well until they complained about our tractor leaving ruts on their property (my husband assumes it was when he turned the tractor around). After their complaints we stopped maintaining their driveway. Now they have emailed a county commissioner about the condition of the county road, but my husband thinks their real complaint is that he stopped grading their driveway. Is there anything in Indiana law that would require us to grade and maintain the portion of the driveway that only they use? The deed does not specify who is responsible for maintenance.

 

[FarmerJ]

Its sad in a way how many people in the past granted another adjacent land owner ingress / egress easements and didn't think beyond usage and spell out in writing maintenance concerns in those easements so that way there would be no disputes SO unless you can find a local law that requires you to maintain it then you don't have to but Id suggest one different way to look at this , perhaps you may want to talk to your insurance agent about your liability should someone other than your selfs be walking in and become injured due to say rutted or extremely rough surface of the common area. I am curious , does that neighbors land have ANY part of the lot that adjoins a city / county / township road or some other public road such as a state highway ?

 

[LdiJ]

What is the name of your state (only U.S. law)? Indiana (Spencer County)

Our neighbors have a 20' ingress/egress easement across our property. They share our driveway up to a point, and the rest of the easement is their driveway. We maintain our driveway, and used to maintain their's as well until they complained about our tractor leaving ruts on their property (my husband assumes it was when he turned the tractor around). After their complaints we stopped maintaining their driveway. Now they have emailed a county commissioner about the condition of the county road, but my husband thinks their real complaint is that he stopped grading their driveway. Is there anything in Indiana law that would require us to grade and maintain the portion of the driveway that only they use? The deed does not specify who is responsible for maintenance.

Generally no. Generally its the dominant estate (your neighbor) that is responsible for maintaining the easement. You would only be required to maintain the portion that is your driveway only.