Can a HOA Remove Trees from an Easement

My question involves an easement in the state of: Florida

I live in a town house that has a Home Owner Association (HOA). The HOA is responsible for external maintenance (lawn care, sprinklers, tree trimming etc.) in the plan of homes. My property has a 10-foot access easement located in the back of my property. My property survey shows that I am the land owner of this access easement up to (but not including) the perimeter wall. The HOA is the land owner of the perimeter wall.

Within this access easement, I had a shade tree that did NOT restrict any access. There were NO branches of the tree that were below the height of the wall (about 13 feet). The HOA cut this tree down, because they claim the roots would damage the perimeter wall, and that they needed access to maintain the perimeter wall.

My question is, does the HOA have the authority to remove this tree without my consent?

Thanks in advance!

It isn't clear what that easement is to allow for. Access, yes but access to what? If it is access to the wall, then did the tree block their access to some portion of the wall. If not access to the wall, then what was the easement to allow access to?


and they would not typically have a right to preemptively remove the tree claiming it might or will damage the wall.

All of the townhouses are attached together with a common wall. Because of this, we do not have a side yard where we could access our back yard from the outside. So I believe the easement is so everyone in the row of townhomes can access their back yard (via the access easement) from the outside.

Is there a way I can find the exact reasoning for the access easement?

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Quoting CLynch

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All of the townhouses are attached together with a common wall. Because of this, we do not have a side yard where we could access our back yard from the outside. So I believe the easement is so everyone in the row of townhomes can access their back yard (via the access easement) from the outside.

Is there a way I can find the exact reasoning for the access easement?

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it would likely be in the original documents where the development was created. That may be along with the recording of the plat with the county or state (wherever such a plat is recorded). It may be specified in the deeds of each dominant tenant (those allowed to use your land) and servient tenant (the owner of the land the easement crosses).

You own the property that the easement is on and that makes you the servant tenant. The HOA is the dominant tenant of the easement up to the wall. The HOA owns the wall that abuts your easement. In effect, you could consider the easement and the wall as one. The easement can be maintained however the HOA sees fit. If that is to take down a tree for reasons of maintaining their property (the wall) or for purposes to keep the easement open for access of the other owners, it is still generally permitted.

You can read the granting language on your deed to know under what guise they acted on.

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The easement can be maintained however the HOA sees fit.

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not true at all.

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If that is to take down a tree for reasons of maintaining their property (the wall) or for purposes to keep the easement open for access of the other owners, it is still generally permitted.

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if it does not prevent them from accessing the wall to perform needed work (not future work but currently needed work), then no, they could not remove it due to such a claim. They may be able to remove it from the easement for other, or even no reason, but without all the information available, it is impossible to say with any certainty.






but, let's assume they can remove it for some reason:



what did they do with the wood from the tree? That belongs to the OP (if they want it). If the HOA removed the wood from the OP's property they may be liable for theft.

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You can read the granting language on your deed to know under what guise they acted on.

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it may not be written out on their deed, especially if they are not the first owner of the property after development of the land. In a development, it is often in the master documents and often times the only statement in any given deed is by reference only.

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Quoting jk

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not true at all.

if it does not prevent them from accessing the wall to perform needed work (not future work but currently needed work), then no, they could not remove it due to such a claim. They may be able to remove it from the easement for other, or even no reason, but without all the information available, it is impossible to say with any certainty.


but, let's assume they can remove it for some reason:

it may not be written out on their deed, especially if they are not the first owner of the property after development of the land. In a development, it is often in the master documents and often times the only statement in any given deed is by reference only.

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First you say that it is not true that the HOA can maintain the easement they way they see fit. And then say:

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They may be able to remove it from the easement for other, or even no reason,

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Kinda like having your cake and eating it too.

If OP wants to find the granting language, he will find it and see what the HOA can do. My guess is that they can remove the tree or they would not have removed it.

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Quoting budwad

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First you say that it is not true that the HOA can maintain the easement they way they see fit. And then say:



Kinda like having your cake and eating it too.

If OP wants to find the granting language, he will find it and see what the HOA can do. My guess is that they can remove the tree or they would not have removed it.

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read what I wrote again. There are two scenarios in my statement:

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if it does not prevent them from accessing the wall to perform needed work (not future work but currently needed work), then no, they could not remove it due to such a claim. They may be able to remove it from the easement for other, or even no reason, but without all the information available, it is impossible to say with any certainty.

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first is the issue with the wall. If it does not prevent them from servicing the wall currently they could not remove it on that basis and if the tree is not currently damaging the wall, there would be no right to remove the tree in such a situation. Then the issue of the easement is addressed. It is not clear what they can do since the granting language is not available.

but what that has to do with maintaining the easement any way they see fit has nothing to do with the tree at all. Any way they see fit would include things like killing the grass, paving it, or anything else...they see fit to do. That is an entirely different situation than dealing with the tree. The tree might be able to be removed but it is going to depend on info no available here. They are more than likely not allowed to maintain the easement any way they see fit as it is the OP's property and alterations to an easement are not allowed unless specifically allowed under the grant language or allowed under the law such as being able to grade a drive to maintain its usability.



your guess and $8 gets you a big cup of expensive coffee at Starbucks but nothing else. OP is going to have to dig into this to find out what is allowed.

The easement is to have access to the wall, to maintain the wall. They took the tree down to maintain the wall (preventative maintenance). It's that simple.

It's pointless to think that the HOA would kill the grass or pave the easement or anything else that was not directly related to the maintenance of the wall, except to argue about it.

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They are more than likely not allowed to maintain the easement any way they see fit as it is the OP's property and alterations to an easement are not allowed unless specifically allowed under the grant language or allowed under the law such as being able to grade a drive to maintain its usability.

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The dominant tenant can maintain an easement any way they see fit for the intended use without the permission of the servient tenant as long as the maintenance and use does not interfere with the servient's use of his property (in a non-exclusive easement). Alterations to an easement are allowed if they facilitate the intended use. In this case, taking down a tree to prevent damage to the wall.

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Quoting budwad

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The easement is to have access to the wall, to maintain the wall. They took the tree down to maintain the wall (preventative maintenance). It's that simple.

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No, it's not. We have not established that is what the easement is for. OP said it was for access but did not clarify for what. It could simply be, as OP guessed, an access easement for people to get to their yards. The HOA is apparently claiming this is not the case but we have no confirmation.

OP said the easement was for access and it is up against the wall. The fact that the HOA took down the tree makes it a safe bet that it is a maintenance easement for the wall.

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My property has a 10-foot access easement located in the back of my property. My property survey shows that I am the land owner of this access easement up to (but not including) the perimeter wall. The HOA is the land owner of the perimeter wall.

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The HOA cut this tree down, because they claim the roots would damage the perimeter wall, and that they needed access to maintain the perimeter wall.

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