easement liability

[Graphics23]

I have an easement through a neighboring property the purpose of which is, "the perpetual right and easement to construct, reconstruct, repair, maintain, and operate a 10' wide private sewer line".

This easement has been in place for almost 30 years and I never had any issues with the people who granted the easement.

Recently the neighboring property has changed hands. The new owner is a contractor who plans to "flip" the property after renovations.

The contractor saw me doing some repair work the other day and has asked who is liable should I or anyone assisting me be injured in the exercise of said rights.

I have contacted my insurance company and they were not able to provide a definitive answer, stating that liability would be placed on the party found to be negligent after review by a claims adjuster.

The contractor has ordered me to stay off his property until I provide him with a written answer to his question, but I need to do work on my sewer line.

So I have two questions: is there any precedent regarding liability in a case like this and can I be charged with trespassing?

 

[dee_dub]

I don't know the law specifically in your jurisdiction, but generally a) you are allowed on his property in enjoyment of your easement, and b) he has no right to demand a written reply (or indeed any reply) to his question. If he wants legal advice, he can go consult a lawyer. Not to condone being a bad neighbour, but you are free to use the easement, and if he thinks otherwise, he's entitled to call the cops and try to charge you with trespassing. He hasn't got a leg to stand on.

 

[Graphics23]

Thank you very much. I intend to have a copy of the deed in hand should the police show up.

 

[dee_dub]

A wise choice. Good luck to you.