I was told the holder of the easement is responsible for maintenance of the property within the easement, so the holder is responsible, unless the land owner has been negligent. The tree fell in the storm, and we believe the holder of the easement is therefore responsible and should claim under their insurance. Please advise.
It's vehicular access, entrance from the road - the entrance has a tree on each side and the property owner says they have a "right of way" through our property, the land is not theirs (which we are not aware of). One of the trees has fallen and the property owner states they want us to pay for the repairs
Yes, it's vehicular access over the land. So, unless maintenance is specified, it's the land owner's responsibility?