Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘I have a Swimming Pool easement with my next-door neighbor. The easement includes a bathroom with a toilet. My next-door neighbor hired a plumber to unclog the toilet, however he did not contact me about this toilet problem. He wants me to pay for part of the $680.00 bill. I live in Tiburon, CA. Am I responsible for this bill?’
I’m not aware of any standardized terms of a “swimming pool easement,” so to answer your question you’ll have to refer to the text of the easement itself. Well-drawn easement documents will specify who has responsibility for maintenance of the easement improvements, and what happens in the event that responsibility is not met.
That having been said, it’s probably better for your neighborly relationship if you pay the bill this one time (even if it’s not technically your responsibility), but let your neighbor know that in future he should call you and let you call the plumber.
