Which Exception to the Rule That Easements Should Not Require

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The Answer is In the case of Crow v. Wood (1970), the exception to the rule that easements should not require the servient owner to spend money was confirmed. Generally, an easement is a right attached to a piece of land (the dominant tenement) that allows the owner of that land certain uses of an adjoining piece of land (the servient tenement). Typically, the owner of the servient tenement is not required to spend money or incur costs as a result of the easement.

However, in Crow v. Wood, the court confirmed an exception to this general rule. The case involved a right of way that had become impassable, and the question was whether the owner of the servient tenement was required to repair it. The court held that the servient owner could be required to spend money on repairs if there was an obligation to maintain the right of way in a usable condition, and this obligation was established at the time the easement was created.

This means that if an easement agreement or the circumstances under which the easement was granted include a provision or imply that the servient owner has a duty to maintain or repair the easement, then the servient owner may indeed be required to spend money to uphold that obligation. This is an exception to the general rule and would depend on the specific terms and conditions under which the easement was established.

Which Exception to the Rule That Easements Should Not Require

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