Practice point: While an easement generally imposes no affirmative duty on the owner of the servient estate to maintain and repair structures, such an owner may be required to perform maintenance
functions where it makes use of the easement for its own purposes and
that use does not interfere with the legitimate activities of the holder
of the dominant estate.
Student note: To the extent that the servient estate's owner may incur a duty, it is that of a landowner, namely, to maintain the portion of its
premises that is subject to the easement in a reasonably safe
condition, provided that such maintenance subjects the owner of the
servient estate to no unusual hazards and requires no special expertise.
Case: Kleyner v. City of New York, NY Slip Op 01584 (2d Dept. 2014).
Here is the decision.
Monday's issue: Motions for leave to renew and reargue.
