Results 1 to 6 of 6
  1. #1
    Join Date
    Aug 2009
    Posts
    1

    Default Clearing Trees From the Full Width of a Right of Way

    I have a neighbor that has to drive by my home to get to his home. Recently we have had some right of way issues, he states that there is a 50' ROW, of which I do not question!, but he says he has the right to rip out the trees in my yard that are on the ROW, but not impeding his travel to and fro his home. My question is can he legally tear up the trees or make the road a full 50' wide?

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Clearing Trees From the Full Width of a Right of Way

    He can use the entire 50' and clear anything which interferes with his use of the 50', absent specific language in the easement to the contrary.

    If there is language limiting him to, say, a twelve foot drive inside the 50', then you may have case. I wouldn't expect to find language like that.

    Lacking that, 50 feet is 50 feet.

  3. #3
    Join Date
    Apr 2008
    Posts
    176

    Default Re: Clearing Trees From the Full Width of a Right of Way

    Next issue is who owns the trees. I would think you do. So if he cuts them does he owe you for the value of the trees? I would think so.

  4. #4
    Join Date
    Mar 2009
    Posts
    327

    Default Re: Clearing Trees From the Full Width of a Right of Way

    The Grantor always owns the land and landscaping within a ROW unless otherwise stated in the agreement. The Grantee would be responsible to pay to clear and maintain the ROW, and pay for any damages e.g. appraisal value of the timber.

    Most Grantees only have ingress and egress rights - and dependent on the language of the agreement does not always imply via motor vehicle.

  5. #5
    Join Date
    May 2009
    Posts
    9

    Default Re: Clearing Trees From the Full Width of a Right of Way

    does it matter how long the tree has been there ? I have a similar issue with neighbor's fence.

  6. #6
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Clearing Trees From the Full Width of a Right of Way

    The Grantor always owns the land and landscaping within a ROW unless otherwise stated in the agreement.
    All of the vegetation in the 50' ROW is subject to the dominant owner's right to 50', without restriction.

    Anything in the 50' ROW which might restrict the right of the dominant owner to pass and repass anywhere he wishes within the 50' ROW can be removed.

    It does not matter how long an impediment has existed, as long as the ROW is valid.

    1. Sponsored Links
       

Similar Threads

  1. Change in Width of a Right of Way
    By rowguy123 in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 10-13-2010, 09:02 AM
  2. What Should Be a Reasonable Right of Way Width
    By daniel diffo in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 10-09-2010, 06:53 PM
  3. Farmer Wants to Increase Width of Undefined Easement
    By RuralQuest in forum Real Estate Ownership and Title
    Replies: 7
    Last Post: 01-29-2010, 06:15 AM
  4. Clearing Trees from a Right of Way - Who Pays, and Who Gets the Lumber
    By rlgva in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 04-08-2009, 11:02 AM
  5. Easement / Right Of Way Width Rules
    By cmpollardjr in forum Real Estate Ownership and Title
    Replies: 3
    Last Post: 06-05-2008, 05:09 PM
 
 
Sponsored Links

Legal Help, Information and Resources