Liability Issues. If the benefitted land owner plans construction on the property subject to the easement, the easement should require the benefitted party to indemnify and hold the other owner harmless from any liability resulting from the work. The benefitted party should also be required to obtain personal injury and property damage liability insurance coverage for the construction activities, naming the other owner an “additional insured.” And the benefitted party should require its contractors to obtain workers’ compensation insurance to protect against injuries to workers doing the construction.
