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planting trees on easement areas

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rvb

Junior Member
What is the name of your state (only U.S. law)? Maryland

I am a homeowner of a single-family house in a 6-year old development, and I plan to plant Arborvitae trees on my property in an area marked as P.I.E or P.U.E. on plate. However the homeowner association refuses to approve my application for planting, by invoquing easement area restrictions. On the other hand the original builder landscaper did plant trees on other parts of P.U.E on my property or my neighboring properties.
I would like to know:
1. Is there a way to convince the association (its board) to approve this request;
2. What are the relevant laws in Maryland governing this issue?

Thank you.
 


drewguy

Member
Who is the beneficiary (holder) of the easement? A public utility? Why does the HOA have a right to say no--is planting limited under the CCR?

If there's an easement for a utility or other public improvements they may or may not want to keep it clear of trees. They don't want to have to dig up trees if a pipe bursts or a cable gets frayed. So there's an interest in limiting planting. On the other hand, you're the one at risk--they have a right to remove the trees if need be, so you should be cautious about putting too much money towards it./
 

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