Planting Easement

[Ekonns]

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

My town has a five feet deep planting easement along the curb of my front yard with no side walk. Currently there is a humongous oak tree. The roots grew out into my driveway, walkaway and entire front yard. As a result my walkaway is lifting up about 3", my driveway is buckled with roots telegraphing thru two layers of asphalt causing water paddles. The lifting walkaway and buckled driveway created serious trip hazard conditions, not to mention the roots are surfacing up in my lawn. My question is what are my options to sue the town to remove the tree based on the fact that the easement law indicates that easement must not burden to property?

Thank you,

 

[LeeHarveyBlotto]

What did the people at the city have to say when you asked them what they could or would do to help with the situation?

 

[Ekonns]

Planting easement

What did the people at the city have to say when you asked them what they could or would do to help with the situation?

The town would take out only the root going under the concrete walkaway and shave the remainder of the roots going under the asphalt driveway. Shaving the roots under the driveway creates two problems:
1- it won't allow me to maintain the proper pitch for the water to flow to the street, so they (the town) suggested to install French drain at the garage door!
2- these roots are huge (approximately 8-10 inches in diameter) and they will grow in no time causing the asphalt to heave again!

What irritates me that they only have a 5' deep easement, but yet their tree is in my entire front yard!!!

Thank You.

 

[BuffettFan]

The town would take out only the root going under the concrete walkaway and shave the remainder of the roots going under the asphalt driveway. Shaving the roots under the driveway creates two problems:
1- it won't allow me to maintain the proper pitch for the water to flow to the street, so they (the town) suggested to install French drain at the garage door!
2- these roots are huge (approximately 8-10 inches in diameter) and they will grow in no time causing the asphalt to heave again!

What irritates me that they only have a 5' deep easement, but yet their tree is in my entire front yard!!!

Thank You.

Is this a utility easement where you still maintain ownership of the land or is this a strip of land they maintain and own?

 

[154NH773]

My suggestion; Hire a certified aborist to determine what might be done without killing the tree. Present his plan to the town for their approval, then implement.

 

[Ekonns]

Planting easement

No it's not a utility one. On my survey it shows that the town has five feet deep into my lot as an easement to plant trees! I am not sure who's responsible for maintaining it, but home owners are not allowed to do anything with these trees, the town does the pruning.

 

[Ekonns]

Is this a utility easement where you still maintain ownership of the land or is this a strip of land they maintain and own?

No it's not a utility one. On my survey it shows that the town has five feet deep into my lot as an easement to plant trees! I am not sure who's responsible for maintaining it, but home owners are not allowed to do anything with these trees, the town does the pruning.