I'm currently in the process of buying a house we really like but has an easement...though we will own the

Asked by Mike M, 02148 Fri Jun 13, 2008

land, we can't build anything or block it off because our neighbor will be using the path to get to their house. Question is...are we responsible for anything that happens on that land? We don't need to shovel the snow right? Or worse scenario, if someone were to fall and break a leg on the easement, we're not liable are we? Also, I read that some states the user of the easement has to pay the taxes, is there a list of states that do? I know the previous owner pays taxes on the easement which I find unfair because it's land someone else is using...is there any way we can turn that around? Any answers will be appreciated. Thanks!

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Michael Giles, Agent, Beverly, MA
Fri Jun 13, 2008
Most of these questions should be directed towards a lawyer. Most right of way easments have been put in place by the owner of a property to make a sub divided lot more attractive to a potential buyer. At some point a previous owner felt that the finacial gains of granting the easment out weighed the risk and loss of value to the property. Once the easment is in place it is passed along to every new owner as part of the deed. Again, talk to a lawyer for specific risks and liabilties involved but I believe that you will be responsible for the taxes on any easment through your land.
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Mike M, Home Buyer, 02148
Mon Aug 4, 2008
Thanks for the answer. I actually ended not getting that property as it seemed like the easement will cause a lot of headaches down the line. The house I liked a lot but if i had to worry once in a while, there's no money that can comfort me then. Thanks again
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