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A property has an easement for drainage running through it. What obligation does this create for the property owner?

Correct Answer

B) Not interfere with the easement, and allow reasonable access to maintain it.

Property owners with easements on their land (servient tenement) must not interfere with the easement rights and must allow reasonable access for maintenance by the benefiting party. They are generally not required to maintain the easement infrastructure unless specifically stated in the easement terms.

Answer Options
A
Maintain the drainage pipes at their own expense for the benefiting owner.
B
Not interfere with the easement, and allow reasonable access to maintain it.
C
Remove the easement whenever they choose by paying the benefiting owner compensation.
D
Demolish any structure already on their land that is anywhere near the drain.

Why This Is the Correct Answer

The burdened (servient) owner must not obstruct or interfere with the drainage easement and must allow the benefiting party reasonable access to inspect and maintain the drain. Maintenance itself usually falls on the benefiting party unless the easement's terms say otherwise.

Why the Other Options Are Wrong

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Related Topics & Key Terms

Key Terms:

easementservient tenementnon-interferencereasonable accessTorrens title
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