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Maintenance Easements

Bennett Jones LLP

Not My Problem: The Maintenance of Easements

Bennett Jones LLP on

When you grant an easement over your lands to another, who has the obligation to maintain the lands and the improvements on those lands? One might argue that it is the grantor of the easement—that the owner has the obligation...more

Wiley Rein LLP

Insurer Owes Duty to Defend and Indemnify Nuisance Litigation

Wiley Rein LLP on

A federal district court, applying California law, has held that an insurer owed a duty to defend and indemnify an insured in an underlying nuisance litigation under a not-for-profit D&O policy, as the policy’s pollution,...more

Lasher Holzapfel Sperry & Ebberson PLLC

Easements: Just for Now or Forever?

Easements are a right to enter and use land that may transfer with the ownership of the land. Easement issues usually arise when one property owner makes improvements on his or her property without first surveying the...more

Stoel Rives LLP

Idaho Real Estate & Development Law Update: In Idaho, an Easement Owner Has the Duty to Maintain the Easement, Even if the...

Stoel Rives LLP on

A recent case in the Idaho Supreme Court serves as a good reminder that Idaho takes a somewhat unique approach to allocating responsibility for easement maintenance. In Fletcher v. Lone Mountain Road Association, Docket No....more

McCarter & English, LLP

After New Connecticut Law, Sharing the Road also Means Sharing the Costs

McCarter & English, LLP on

Connecticut has enacted a new law, Public Act 14-67 (the “Act”), that now by statute allocates the costs to maintain, repair, and restore private easements and rights-of-way among certain users of those rights. The Act took...more

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