Seller (First Party) (servient estate) conveys/deeds 2 parcels to 2 separate buyers (Second Parties) ( dominant estates) and the ( separate) buyers are husband and wife.
Seller grants on the same document to (Mr. and Mrs ._so and so____ Husband and wife) an easement so both buyers can get to their individual purchased parcels through sellers land. Easement terms include seller (First Party) shall NOT be responsible for maintenance of said easement. Now, the husband sells his parcel to us. By the way, the original easement document to husband and wife states that the easement (terms) are binding on all "future heirs, executors, administrators and ASSIGNS (us)". This is a perpetual nonexclusive easement. (Confusing I know) So, with respect to the easement, we are now the servient estate where the wife and her parcel are concerned because she now drives across our land to get to her place. Are we responsible for maintenance as the servient estate?
Seller grants on the same document to (Mr. and Mrs ._so and so____ Husband and wife) an easement so both buyers can get to their individual purchased parcels through sellers land. Easement terms include seller (First Party) shall NOT be responsible for maintenance of said easement. Now, the husband sells his parcel to us. By the way, the original easement document to husband and wife states that the easement (terms) are binding on all "future heirs, executors, administrators and ASSIGNS (us)". This is a perpetual nonexclusive easement. (Confusing I know) So, with respect to the easement, we are now the servient estate where the wife and her parcel are concerned because she now drives across our land to get to her place. Are we responsible for maintenance as the servient estate?
Maintenance and Repair: Who Pays for Maintenance when is Properties Are Sold and Divided
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