Hello,
I own a property that is the dominant tenement of an easement. The easement is for the "full and free right and liberty" for us and others authorised by us to "pass and repass over the servient tenement, with or without" a variety of vehicles, laden or unladen for "all purposes connected with the use and enjoyment of the dominant tenement" provided we do not obstruct the servient tenement, and the servient tenement is not allowed to obstruct us nor are they required to have liability or maintain the surface. We need to keep any gates closed and maintain the surface in clean and tidy order. Two other undeveloped blocks seem to share the same easement. When we bought the place, there was a bitumen road on the easement into our place (we maintain it as needed) but only a graded, grassed track into the other blocks which are further down the easement from us. These other blocks are now being sold (under contract). It seems like the new owner will be constructing a driveway into their land - they may or may not replace the small portion of shared bitumen driveway. I have two questions about who is responsible for the costs if they put a driveway in to their place that included 1) our shared part (which serves our purposes fine as it is) and 2) for the much longer part into their place (will probably require significant road works). Thanks for any guidance.
I own a property that is the dominant tenement of an easement. The easement is for the "full and free right and liberty" for us and others authorised by us to "pass and repass over the servient tenement, with or without" a variety of vehicles, laden or unladen for "all purposes connected with the use and enjoyment of the dominant tenement" provided we do not obstruct the servient tenement, and the servient tenement is not allowed to obstruct us nor are they required to have liability or maintain the surface. We need to keep any gates closed and maintain the surface in clean and tidy order. Two other undeveloped blocks seem to share the same easement. When we bought the place, there was a bitumen road on the easement into our place (we maintain it as needed) but only a graded, grassed track into the other blocks which are further down the easement from us. These other blocks are now being sold (under contract). It seems like the new owner will be constructing a driveway into their land - they may or may not replace the small portion of shared bitumen driveway. I have two questions about who is responsible for the costs if they put a driveway in to their place that included 1) our shared part (which serves our purposes fine as it is) and 2) for the much longer part into their place (will probably require significant road works). Thanks for any guidance.
