What are the liabilities for a homeowner that has a pedestrian easement on their property….I.e. Accidents

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What are the liabilities for a homeowner that has a pedestrian easement on their property….I.e. Accidents

We have a pedestrian easement on our lot that allows people to access a common
area.
I would like to ask who is responsible in case of a fall or some other kind of
accident?
Thank you

Asked on November 3, 2018 under Real Estate Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

An easement allows others to access your property but does not take away your ownership of it or your ability to access, use, and possess it. You are liable for ensuring that there are no inherently dangerous conditions on the easement, like debris or sharp tools left behind, holes or divots that someone could turn an ankle in, a dead tree which may fall or drop limbs on someoene, etc. If a person is injured due to a dangerous condition which you let persist, you would be liable.
You are not liable for an injury where you had no fault--e.g. someone just happens to trip; two people get into a fight on the land; etc.
You do NOT need to let anyone put stepping stones down: others may have an easement for access, but it's still your land, not theirs.


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