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  1. #1
    Join Date
    Sep 2020
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    1

    Default Easement Isue

    My question involves court procedures for the state of: California
    If I own an easment and a neighbor can only ingress/egress, do they have the right to remove any trees that do not inhibit their access

  2. #2
    Join Date
    Nov 2013
    Posts
    7,040

    Default Re: Easement Isue

    If what you mean by you own an easement is that the easement is on your land (the servient estate) and your neighbor is the easement holder (the dominant estate) then the answer to your question is that the dominant estate gets to use the entire easement as granted for the purpose granted. Meaning the neighbor may improve the easement, maintain the easement, as long as it doesn't prohibit you from also using your property (assuming it is a non-exclusive easement) and the grant language does not address these issues.

    Why does your neighbor want to take down the trees?

  3. #3
    Join Date
    Jul 2018
    Posts
    2,713

    Default Re: Easement Isue

    Quote Quoting Pappy2534
    View Post
    If I own an easment and a neighbor can only ingress/egress, do they have the right to remove any trees that do not inhibit their access
    Your post is very confusing. For starters, you seem to be using plural pronouns to refer to a single individual. Substantively, it sounds as though you own a piece of property that is subject to an easement for the benefit of your neighbor. Is that what you meant to say? If so, the neighbor would generally have an obligation to maintain the easement, which likely would include removing foliage. However, one would need to read the document by which the easement was created to know with any certainty.

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