Who is Responsible for Damage to an Encroachment on an Easement?
Full Question:
Answer:
An encroachment is a physical intrusion (location) of a structure, part of a structure or land use into the area of the easement or right-of-way contrary to the agreement. In some cases, the holder of the easement may require that the structure be removed or land use be terminated at the landowner’s expense.
It may be possible to encroach on an easement. This requires the prior written approval of the holder of the easement or right-of-way. The approval is usually by way of an encroachment or amenment to the easement. The landowner may be faced with all costs of removal and any associated damages resulting from unauthorized location of improvements on land that is subject to an easement or right-of-way. The holder of an easement is not required to pay for damages to a landowner’s improvements that are located on the easement area in violation of the agreement. A landowner would be responsible for cost of damages to such an improvement or the cost of removal resulting from a holder’s use of the easement or right-of-way area.
