I have an easement on my property and my septic tank is 2 ft. onto the easement if my septic is damaged who is responsible for repairing it
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
I have an easement on my property and my septic tank is 2 ft. onto the easement if my septic is damaged who is responsible for repairing it
the person with access of the easement says it is my responsibility to fix
Asked on April 26, 2016 under Real Estate Law, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
An easement is a right to use and/or access: it does not convey ownership. As the tank's owner, you have to pay for its repairs or maintenance, unless you can show that another person caused the damage either intentionally or negligently (through unreasonable carelessness). If another person was at fault in causing the damage in this way, he or she should pay for the repairs; if that person will not, you could sue him or her for the cost to repair.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.