Legal Question in Real Estate Law in Ohio

Obligations for easments/private drives

I own a piece of property that has an easment (private drive) over one edge of the property. My driveway is off of the public drive. I get no benefit of use from the private drive. The association is discussing if the people who 'own' the land should pay to maintain the drive or just the people who use it for access should.

My question is am I responsible for maintain a private drive that is over my property but doesn't give me access to it?

Thanks!


Asked on 6/18/02, 1:33 pm

2 Answers from Attorneys
Michael Buschbacher Michael Buschbacher Co. LPA

Re: Obligations for easments/private drives

The traditional answer would be that the dominate land owner (private drive owner) would be responsible for maintaining his easment over your property. If there is an agreement somewhere that states otherwise, then the agreement would be binding. Otherwise the dominate land owner would be responsible.

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Answered on 6/18/02, 3:45 pm
David Weilbacher, Esq. Attorney at Law

Re: Obligations for easments/private drives

The standard rule is that the dominate land owner (the person served by the easement) must maintain an easement which serves his land.

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Answered on 6/18/02, 5:32 pm


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