What responsibilities does DU have as the holder of an easement?
A. Monitoring and enforcement of the terms of the easement are a cooperative effort between the owner and the holder. The holder is responsible for enforcement of the restrictions in the document. The holder must monitor the property on a regular basis and maintain a written record. Each year a regional biologist or other qualified representative from DU will visit the property and prepare a written report based upon the condition of the property. Usually the owner or his manager chooses to accompany the biologist. Both parties need to be assured that the property continues to be maintained in compliance with the terms of the easement. Should the monitoring uncover a violation, then DU has the duty and legal right to require the owner or violator to correct the problem. The holder may take legal action. Communication between the owner and the holder helps to eliminate the need for drastic actions, and most problems are solved by the parties themselves.
