Legal Question in Real Estate Law in Indiana

A land and homeowners association is land locked from public roads. A landowner adjacent to public roads has a road through his property that is an easement for use by the landlocked homeowners for access to their property. What rights do the landlocked homeowners have to maintain and improve the easement road? Can the landlocked homeowners clear snow, tree branches impeding traffic and/or remove dead trees that pose danger to users of the road? Can the landlocked homeowners mow the easement sides for safety purposes and view of oncoming traffic around bends?


Asked on 11/08/11, 10:07 am

1 Answer from Attorneys
terrence rubino rubino ruman crosmer smith and sersic

there is an easement by necessity. the landlocked owners should have the ability to keep that easement reasonably accessible otherwise it wouldn't be usable. one would think the landowner upon which the easement exists would be cooperative and want it maintained. since you are asking the question, apparently that may not be so for whatever reason. everyone sitting down and trying to be reasonable and resolve issues is much better than lawyering up and jumping into a vortex of litigation. good luck.

Read more
Answered on 11/08/11, 12:35 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Indiana