Originally posted by Vulcan Wouldn't he also have to agree to the snowplow contracter used as well, ie ask for a written quote and agree to it, rather than just having them do it then expect him to foot half the bill?
Originally posted by SlapShot Here is some case law ... In syllabus point 2 of Carson v. Jackson Land and Mining Company, 90 W.Va. 781, 111 S.E. 846 (1922), the Court rather plainly indicated that in an easement situation the duty to maintain an easement is ordinarily upon those entitled to use the easement and not upon the landowner. The Court said: The duty to maintain an easement in such condition that it may be enjoyed is upon those entitled to its use, in the absence of some contractual or prescriptive obligation upon the owner of the servient estate to so maintain it.So, if you do not use the easement for your own benefit, and there is no specific language in your easement/grant saying that you are responsible for the maintenance of the easement ...THEN HE CAN KISS YOUR ARSE.
