Results 1 to 7 of 7
  1. #1
    Join Date
    Jul 2011
    Posts
    5

    Default Tree Removal in Easement

    My question involves an easement in the state of: Florida

    Ok I am new to this but I have tried to find this info and I cant ok we own property that came with a easement of 30 ft. This easement is from the original owner there are six other people that use this easement. ok here's the problem within the 30 ft there are two big oak trees that are maybe 7ft from a fence which is the end of our easement.
    these two trees prevent my husband to bring his truck through to get to our property. Not only his truck but emergency vehicles and anything else bigger then a compact car. The guy that lives behind these trees dosen't want them down but he also doesn't have to deal with squeeze by them. We also will not be able to get our home put there due to these trees. do we have the right to cut down these trees?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Tree Removal in Easement

    When you say "we own property that came with a easement" are you describing an easement you can use that runs over somebody else's land, or are you describing an easement that allows somebody else to use 30 feet of your land?

    Exactly what does the grant of easement say about maintenance and access? From what you've stated so far, it does sound like there would be a legal case to compel removal of the trees.

    Note that the fastest way to get this resolved may be to have the local fire department inspect the situation, as they will want the access to be sufficient to allow the passage of fire trucks.

  3. #3
    Join Date
    Jul 2011
    Posts
    5

    Default Re: Tree Removal in Easement

    For the easement the land was owned by 1 person and when he divided the land into 6 12 acare tracks and one 20 acre one at the end. And every one got the same 30 ft easement as a private road. There is nothing about who is to maintain the road as my husband and I have fixed a few of the holes in it and he grades it with his tractor.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Tree Removal in Easement

    Thanks for that information. Now if you could answer the question?

  5. #5
    Join Date
    Jul 2011
    Posts
    5

    Default Re: Tree Removal in Easement

    The easement is not on any of my neighbors land. we own the 20 at the end the easement ends at our gate.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Tree Removal in Easement

    The mystery entity that owns the land upon which the right-of-way is situated? Try asking that mystery entity to remove the trees, or for permission to remove the trees.

  7. #7
    Join Date
    Sep 2011
    Location
    Hudson Valley, New York State
    Posts
    10

    Default Re: Tree Removal in Easement

    If you're saying the trees are on the property you own. Then you can take them down. If they are on someone else’s property but within the easement to access your lot – You could take them down if you can prove they deny you access. The problem is that you might have to prove that in Court.

    If it’s truly going to prevent you building your house, you should consult a local lawyer with good real-estate knowledge. Make sure he would be willing to represent you in court if he says you can take the trees.

    1. Sponsored Links
       

Similar Threads

  1. Dead Tree Removal in Private Road or Right of Way
    By gvillema in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 08-22-2011, 09:51 AM
  2. Easement Removal
    By Hereford in forum Real Estate Ownership and Title
    Replies: 9
    Last Post: 08-18-2011, 04:32 PM
  3. Responsibility for Removal of Fallen Tree Limb in Massachusetts
    By boston_tree_problem in forum Personal Property
    Replies: 1
    Last Post: 01-31-2011, 10:41 AM
  4. Tree Pruning or Removal in a Public Utility Easement
    By ashman165 in forum Real Estate Ownership and Title
    Replies: 11
    Last Post: 05-25-2010, 07:37 AM
  5. Who Is Responsible For Removal Of A Fallen Tree
    By skyhighlake in forum Personal Property
    Replies: 1
    Last Post: 06-17-2008, 03:43 PM
 
 
Sponsored Links

Legal Help, Information and Resources