cutting down of trees marking right of way

[jbaird]

What is the name of your state (only U.S. law)? Pa

i am owner of a private lane in east freedom, Blair county, Pa. i have
owned this property for over 50 years. the property was sub-divided
over 40 years ago and these trees planted as markers. this is a right
of way for 2 houses. mine at the end and theirs before mine on the
lane. the neighbors just cut down trees on the right of way. These
trees are the corner markers for the property lines and edge of right
of way. they were 4 60 foot pines and are 18-24 inches around base. i
was not notified nor asked in advance for permission. they claim one
pine was dead and diseased, however it had growth and appears to be
fine. they are not foresters or botanists and are therefore not
qualified to make any determination on

i am very upset about this. did they have any legal right to cut them
down without permission? do we have any recourse for the actions?
what is the law regarding such?

thank you in advance..john

 

[single317dad]

Please post the exact language of the easement or right of way document, as well as the exact location of the trees as it relates to the location of the right of way.

My initial thought is that they probably did not have the right to destroy the trees, and even if they did, it wasn't very nice to do so without any discussion of the matter.

 

[154NH773]

If the property that these trees stood on was YOUR property, and there are no other covenants allowing them to cut the trees, they may not be allowed to cut them.
If the trees are actually in THEIR deeded right-of-way, they may be allowed to cut them. Only a judge can make that determination. I have seen court cases allowing cutting, and others not allowing cutting within a right-of-way, even if the trees blocked easy access.

If they didn't have a right to cut the trees, they may be guilty of timber trespass. See:

http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.083.011.000..HTM

It is possible that the damages for cutting down the trees could be higher than market value if they were specifically planted as ornamental trees (probably another issue for a court to decide).

As stated above, we would have to know the exact wording of the easement, the location of the trees, and the ownership of the property.

If they were indeed corner markers, they might have grown across the line and if the majority was on their property you may have no control over their cutting. You would need a survey with the trees exactly located.

 

[justalayman]

If they were indeed corner markers, they might have grown across the line and if the majority was on their property you may have no control over their cutting. You would need a survey with the trees exactly located.

in most states, trees that grow across boundary lines become owned by both parties jointly with neither having a right to remove the tree without agreement of the other. It matters not the percentage on either property.

so, as suggested, a survey noting the location of the trees is going to be required before anything can be determined.