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  1. #1

    Default Can Prescriptive Easement Owner Cut Down Trees on My Property

    My question involves real estate located in the State of: CA

    My neighbor is landlocked and has a prescriptive easement on my property via a driveway and a water line next to the driveway. There is (was) a row of trees (over 20ft tall) that grew near the water line. My neighbor cut all of them down while I was away.

    He said they were scratching his car. The neighbor has wanted these trees removed for over 8 years. He had argued with the previous land owner (approx. 8 years ago) stating that the roots would break his waterline - however no action was taken.

    What legal recourse do I have?

    What is the prescriptive easement area involved for a water line (meaning how much distance from the pipe can he claim as part of the easement)?

    Thanks in advance...

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can Prescriptive Easement Owner Cut Down Trees on My Property

    are you sure this is a prescriptive easement or is it an actual easement created by a grant and written into the deed?

    If there is a prescriptive easement, it is for only the area actually used.

    and no, there is no right to remove the trees. At best, there would be a right to trim the trees to the edge of the actual easement.

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