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.
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.
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A property is sold subject to an unregistered easement that was created before the current owner acquired the property. Under the Torrens system, what is the likely legal position?
