Trimming Trees in a Right of Way

[PierreNunez]

Hey guys,

I have found this site most informative.

Here is my situation:

I have bought a house back in 2005 in Georgia (metro Atlanta) and it comes with an easement which is on the deed (don’t know what kind) but it is basically so we can get to our home by passing through our front neighbors property. It is a gravel road and everything was fine until a few months ago when a tree, on his property, was struck by lightning and was leaning towards the easement road. When I approached him about it he informed me that he was aware of it and offered to get a few friends of mine to take care of it he told me "I'm aware of it and since it is on my land I will resolve it when I'm ready now get the f***k of my land you spike (I’m Hispanic)." I could tell he was a bit drunk, which is still no excuse. I left and let it be for 5 days. Then the tree almost fell on my car one day but was hung up by the canopy so I called code enforcement and they gave him a citation and 5 days to take it down. He actually came roaring down the driveway screaming that evening asking if that was necessary. Well to make a long story short he took the tree down (paid for it when I and my friends offered to do it for free).

Now he refuses to trim any tress and overgrowing limbs and shrubbery like he used too... I really didn't mind until it has gotten so bad that the shrubs and tree limbs are touching the sides and top of my car when I go down the road.

My question is: Can I trim these trees around the easement? I tried to trim it a bit and he came at me screaming stating that he does not want ANYONE to touch anything on his land (the easement). Do I have the right to trim the easement? If I do where can I find some documentation on this so I can take it too him and that way the next time he comes on my property screaming I can shoot him (joking)...??? Any information would be greatly appreciated.

[bigcountrysg]

Need to find out what type of Easement you have. What is exactly written with in that easement.

If it is just an access easement I doubt you can legally trim the trees. How ever if the trees and shrubs are intruding the access easement. You maybe able to trim them back as to not cause damage to your vehicle or block the access.