Hold Harmless Agreement Easement


In the absence of explicit relief to assign liability to these third parties, the parties must rely on the person responsible for the maintenance and repair of the person concerned, the owner or owner of the facility, and assume that obligation to third parties. However, when developing explicit facilities, parties often attempt to attribute risks and responsibilities through insurance and compensation provisions to third parties. For example, tenants are often required to guarantee a minimum of general liability insurance coverage and to designate the landowner as additional insured. As additional protection for the landowner, the landowner is often required to free the landowner from liability related to the use of the facility and to keep it unscathed. But what about the duty to third parties who find their way to a road or a passage? What are the obligations of the landowner to the landowner for defects in the manner or injury caused by the use of the road? As a general proposal, all Commonwealth landowners are required to impose a duty of care (standards of negligence) on the safety of all legitimate participants on their property, as well as on certain predictable transgressors and transgressors who are known to be in danger. See Schofield v. Merrill, 386 Mass. 244, 245-46 (1988). The rule is different for an adult transgressor who, as a participant, is not entitled to a greater duty of care without permission or invitation, that the landowner deliberately and ruthlessly respects the safety of the participant. Id. This duty of care then appears to conflict with the obligation of the aid holder to obtain and repair the right of priority. On the other hand, when the lessor awards compensation for the negligent actions of the landowner, this generally reflects the fact that it is the owner of the facility and not the owner of the land who is responsible for the maintenance and repair, thus helping to isolate the owner of the land from the claims of third parties who wish to rely on the doctrines of construction responsibility within the usual framework of the liability technique.

Contact Info

Marmee Reizen

Eize Speerstrastrjitte 4

8711 LB Workum

Phone : 06-14 534 773

Email : maricavdmeer@yahoo.com