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ROW to be used in common

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cardellok

Junior Member
What is the name of your state? Maine

What responsibility does the party that has a "ROW to be used in common" have to maintain and repair damage done to this ROW by his heavy equipment such as dump trucks, tractors, skidders, tractor trailers.
 


S

seniorjudge

Guest
Q: What responsibility does the party that has a "ROW to be used in common" have to maintain and repair damage done to this ROW by his heavy equipment such as dump trucks, tractors, skidders, tractor trailers.


A: It depends on what the instrument creating the easement says. If the instrument is silent and this kind of traffic is normal, then the easement must be maintained by all parties using it. If this is exceptionally unusual traffic, then it is overburdening the easement and anything above normal wear and tear maintenance must be paid for by the person causing the abnormal wear and tear.
 

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