Who Pays For Easement Repairs When There Is No Specific Agreement? 

08/04/2026 10:35 AM       Mark Goodman

It is important that you are incredibly detailed when creating the agreement. You want to lay out specific conditions that need to be met in order for someone else to have access to your land, and you’ll also want to clarify other aspects of the agreement, like how repair costs or maintenance upkeep is to be performed on the shared space. 

But what if you’re buying commercial property with an easement already in place, or one is established on your property without a set agreement for how repair costs are to be shared?  

Again, we recommend establishing a plan with all involved parties before repair costs are incurred, as this ensures everyone is on the same page and understands their obligations. However, if this aspect is overlooked and only becomes an issue because the two parties disagree about who is responsible for repair costs, how is this dispute typically handled? 

In general, easement repair costs typically fall on the dominant party, not the servient party, if the dominant party is the only one using this access, but this can vary state to state. 

• Dominant Party - The party gaining access to someone else’s actual property. 

• Servient Party - The party granting someone else access to their land. 

Even though the easement is property of the servient party, if the benefitted party is the only one using this specific access and is generally considered responsible for the wear and tear or specific damage, then the onus will typically be on the dominant party to foot the repair costs. This can change if both parties or multiple parties regularly use this access.  

Needless to say, it’s never really clear how expenses are handled without a specific agreement in place, so make sure maintenance costs are covered if you’re crafting an easement with a neighbor or business park. You may assume that everybody is on the same page for how these expenses are handled, but if they aren’t, and the rules aren’t expressly laid out in an agreement, you may end up footing the bill or paying court costs to sort it all out. We know how to make an airtight easement that protects your best interests, and we can design one that covers all the potential issues you may run into down the road. 

For more information about easement repairs or crafting a smart easement agreement, connect with the team at Commercial Partners today at (612) 337-2470.