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Real Estate

Does the person who benefits from an easement have to maintain or repair the area it covers?

TSL Written by the Treadstone Law team· Updated August 2026

Generally, yes, unless the granting document says otherwise. Because the dominant owner, the one who benefits from the easement, is the one actually relying on it, using a right-of-way driveway, for instance, that owner is typically responsible for maintaining and repairing whatever is needed to keep the easement usable for its intended purpose, rather than expecting the servient owner, whose land it crosses, to do that upkeep.

The servient owner's obligations run the other way: as the underlying property owner, they generally shouldn't obstruct the easement or interfere with the dominant owner's ability to use and maintain it, but they aren't typically expected to actively repair or improve something they don't personally benefit from. Where the easement is genuinely shared, like a driveway both properties actually use, the more sensible and common approach is splitting maintenance responsibilities and costs between both owners, but that arrangement needs to actually be documented rather than assumed.

Given how often this becomes a source of disagreement, particularly for something like a shared driveway used by both properties, a well-drafted easement agreement should spell out exactly who maintains what and how costs are shared, rather than leaving it to be worked out informally after a problem arises.

Key takeaways

  • The dominant owner, who benefits, is generally responsible for maintaining what the easement needs for its use.
  • The servient owner generally must not obstruct the easement, but isn't typically expected to repair it.
  • For genuinely shared use, splitting maintenance and costs is common but should be clearly documented.
  • A well-drafted easement agreement should spell out maintenance responsibilities to avoid later disputes.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone real estate lawyer can help.
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