Three of my houses at the present time have easements on them. Each one is slightly different even though they are all in the same county. It depends on when they were written and who wrote them. One is for a lot that I subdivided and sold. I had the wording for that one done. My attorney is very thorough and specializes in real estate. He also did easements for me on some other property we sold after subdividing. The wording is straight forward in regards to access and maintainence on mine.
I just had somewhat of an issue on one of them when I was fencing along the easement. The person that has access felt that I couldn't put a fence in the easement area. I called my attorney and he quoted specific case law for me that explained I could by all means. What I couldn't do was restrict the guy's access. His driveway was already established and I was merely fencing parallel to it. The only issue I could ever have at this point is during snow removal. If he has to dump snow on/over the fence to open his section up, I can't get upset. That is unless he doesn't use the open area on the other side first. That is essentially verbatum from my particular attorney. I covered that with the neighbor directly and all is well.
I did have a little issue regarding a former property with the neighbor's kids riding their dirt bike on the shared part of the driveway because they were turning around in it and messing up the stone. I addressed that with them directly and all was well afterwards.
From the insurance side I'll offer this. I have been a property claim manager for a long time. If I have learned anything, that is in our judicial system anybody can sue anybody over anything. Sometimes there is coverage and sometimes there isn't. I have reviewed some wild claims over easements and right of ways over the years. I got involved in one where the farmer decided he didn't like the couple that had an easement through his field. After years of fighting and finding out that he couldn't restrict them with gates etc..., he fenced off a feed lot with cattle guards. The folks with the easement then had to drive through it to get to their house. It was ugly to say the least and one that I will never forget and is far more involved than what I just described.
The harsh reality is that if you have the sole responsibility of maintainence on your section and there is someone causing damage to it which in turn cost you money which is undue hardship, well, you possibly have a cause of action as well. It is their land but it is your easement.
Just my opinion. I am not an attorney and don't want to be and I didn't stay at a Holiday Inn Express last night either!
I sincerely tried to stay focused on your question.
