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easement obligation to maintain

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Barb48

Guest
I live in nyc. half of my driveway belongs to the land next to us but we have an easement to use the driveway to get to our garage. As the driveway can only benefit us, are we responsible to maintain the driveway? it is in need of repair, we want to fix it but did not know if we needed permission from the owner of the land the easement is on.
 


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lauraleeC

Guest
CONCERNING EASEMENTS

IF YOUR EASEMENT RUNS WITH THE LAND,(CONTINUE INDEFINITELY THROUGH OWNER AFTER OWNER)iT COULD BE IN THE DEED,OR CREATED BY EXPRESSED OR IMPLIED GRANT, PRESCRIPTION(CONTINUED OPENLY WITHOUT INTERUPTION FOR MORE THEN 20 YEARS)OR NECESSITY. IT SHOULD BE IN WRITING AND RECORDED IN THE PUBLIC RECORDS.
 
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Barb48

Guest
the previous owners of our property also owned the property next to us. they created the easement upon sale of the house to us (1 year ago) because they were selling the property as two lots and wanted us to be able to get to our garage as half of our driveway is part of the other lot. I did not see anything about obligation to maintain in the paperwork and I am wondering what the NYC Law is?
 

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