My question involves real estate located in the State of: Pennsylvania
My property is the servient estate in a force main Sanitary Sewer Easement. The Easement runs over 400' along one of my property lines. It is 20' wide.
The Easement was created in 2007. I purchased my property in 2013. The owners of the dominant estate purchase their property ~2015 (it's probably not relevant, but neither of the estates' current owners were present for the creation of the Easement).
Per the written Easement, "Grantor, his successor and assigns shall not cause or permit any fence, wall, building, walkway, driveway, swimming pool, or other improvement or structure of any sorts to be built on the Easement."
Also per the written Easement, "This Easement is for the exclusive benefit of the Grantees, Grantees' heirs, successors and assigns as owners of the Premises, and is appurtenant to and shall run with the Premises."
Finally, per the written Easement, "Grantees shall maintain the Easement as Grantees deem reasonably fit. Grantees may permit any workmen: municipal representatives, agents, employees or workmen; or sewer authority representatives, agents, employees or workmen to enter into and upon the Easement for any purposes related to this Easement."
Nearly all the trees within the Easement and along its trench-line are dead or dying. This year, 2 trees have fallen and damaged power lines and private utility poles that provide service to my house. I had to make the emergency repair. Some more trees will have to be removed because they threaten other utility lines, a Township sewer station, and my house.
Does the agreement mandate that the grantees are responsible for maintenance? Basically, which estate is responsible for the trees located within the Easement?
My property is the servient estate in a force main Sanitary Sewer Easement. The Easement runs over 400' along one of my property lines. It is 20' wide.
The Easement was created in 2007. I purchased my property in 2013. The owners of the dominant estate purchase their property ~2015 (it's probably not relevant, but neither of the estates' current owners were present for the creation of the Easement).
Per the written Easement, "Grantor, his successor and assigns shall not cause or permit any fence, wall, building, walkway, driveway, swimming pool, or other improvement or structure of any sorts to be built on the Easement."
Also per the written Easement, "This Easement is for the exclusive benefit of the Grantees, Grantees' heirs, successors and assigns as owners of the Premises, and is appurtenant to and shall run with the Premises."
Finally, per the written Easement, "Grantees shall maintain the Easement as Grantees deem reasonably fit. Grantees may permit any workmen: municipal representatives, agents, employees or workmen; or sewer authority representatives, agents, employees or workmen to enter into and upon the Easement for any purposes related to this Easement."
Nearly all the trees within the Easement and along its trench-line are dead or dying. This year, 2 trees have fallen and damaged power lines and private utility poles that provide service to my house. I had to make the emergency repair. Some more trees will have to be removed because they threaten other utility lines, a Township sewer station, and my house.
Does the agreement mandate that the grantees are responsible for maintenance? Basically, which estate is responsible for the trees located within the Easement?
Maintenance and Repair: Maintenance of Sewer Easement Aboveground
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