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CONSTRUCTION AND MAINTENANCE EASEMENT 2025

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The document is a Construction and Maintenance Easement agreement between a Grantor and Grantee in Harris County, Texas. It grants the Grantee a perpetual, nonexclusive easement on the Grantor's property for construction, repairs, and maintenance of buildings on the Grantee's adjacent property. The easement allows access for these purposes while outlining responsibilities for maintenance and conditions under which the easement may be terminated.

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Who is liable for injury on easement?

California Easements and Private Property Cases not involving public utilities typically default to the property owner as the liable party. However, some property owners may have contracts with the easement holder about who has legal responsibility for maintenance and safety issues.

What happens if someone gets hurt on an easement?

The general rule is: if someone is injured in a way that arises out of their use and maintenance of the easement, the easement or right of way owner has the liability and the property owner is not liable.

What is easement maintenance?

The concept of easement maintenance involves the obligation of the dominant estate owner, the party benefiting from the easement, to ensure that the easement remains in good condition for its intended use. This includes keeping the easement area clear, safe, and free from obstructions that could impede access.

What is the law on easements in California?

To establish a prescriptive easement in California, the adverse use of the land must be open, notorious, and continuous for at least five years. The open element requires the easement user to engage with the land in an open way, which can usually be ascertained by whether it appears the user is doing so in secret.

What is a construction easement?

Construction Easement means an acquired right of use over the property of another for the purposes of constructing outside HART right of way limits. Right of use may be temporary in nature or permanent.

What are the rules around easements?

Owners are generally prohibited from building over or too close to an easement or must obtain approval from the authority who owns the easement to do so. If a structure is built over an easement without permission or where permission is denied, then the owner will be legally required to remove the structure.

How do easements work in MN?

(An easement grants a long-term right to use or occupy the land for a specific purpose.) The DNR may issue an easement to cross state-owned lands for the purposes of constructing and maintaining roads. However, the DNR is not required to issue easements upon request.

Can a property owner block an easement?

In California, easements are subject to specific rules and regulations, and property owners generally cannot unilaterally block or obstruct established easements.

CONSTRUCTION AND MAINTENANCE EASEMENT 2025

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