Easement Maintainence

[Artillero]

What is the name of your state (only U.S. law)? New York

I have an easement on a gravel driveway that traverses on a vacant lot belonging to another individual . A large tree belonging to this owner fell in a storm and blocked the driveway. I called him to report that the driveway was impassable. He said that it was my responsibility to remove the tree. In looking over my deed There is no provision about this or any maintainece issues. My question is who bears the responsibilty for removing trees or other obstructions like snow, ice etc. and, who is responsible if a tree, rock or other object damages a car or injures or causes the death of a person using the easement.

 

[rowz]

a lawyer in your area who is familiar with the customs there is likely your best bet.

From a more practical perspective, if the owner of the lan does not use the land and you are the one that benefits the most fromthe easement then I would see if I could cut up the partr of the tree that is blocking my access and then try to recover the costs later.

Out of curiousity.....how much have you paid for this easement.
What has happened in the past with snowfall?