Without a written agreement to the contrary, easement maintenance costs are shared in proportion to:

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The correct answer pertains to how the costs associated with maintaining an easement are typically allocated among the property owners involved. When no written agreement specifies otherwise, these costs are generally shared based on the actual use of the easement by each property owner.

The underlying principle is that those who benefit from the easement should contribute to its upkeep in a manner that reflects their level of use. This concept aligns with the idea that greater use of an easement by a property owner creates more demand on the easement, leading to higher maintenance requirements. Thus, it is logical to assign costs based on the extent of that use.

In contrast, sharing costs according to financial contribution would not accurately reflect the benefits received from the easement. Allocating costs based on the size of the properties involved does not consider how much each property owner benefits from or uses the easement. Similarly, the distance of the properties from the easement is irrelevant since the responsibility for maintenance depends more heavily on actual use than on physical distance.

This makes the allocation of costs according to each property owner's use of the easement the most just and reasonable approach when no prior agreements exist.

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