Tree on access easement

[Dandi]

What is the name of your state? California
I am having a 1500 gallon water storage tank delivered (for fire protection requirements)
and the Pump company said it could not get down my driveway because of overhanging
branches and trees on the access easement. My neighbor who also owns the easement wasnt home and I had an arborist cut the branches that hang down over the driveway. I did not ask permission but I also only had the low hanging branches removed to gain access.
Last week I was refused a lumber delivery because of the same problem. What are my rights? The neighbor was very angry that I had work done on "her" tree. Even though it sits in the middle of a driveway that leads to my home. The workers stayed on the easement and did not cross onto her property . I believe the set back is supposed to be 25 feet, but the tree is at about 15. Thanks ~D

[danno6925]

What is the name of your state? California
I am having a 1500 gallon water storage tank delivered (for fire protection requirements)
and the Pump company said it could not get down my driveway because of overhanging
branches and trees on the access easement. My neighbor who also owns the easement wasnt home and I had an arborist cut the branches that hang down over the driveway. I did not ask permission but I also only had the low hanging branches removed to gain access.
Last week I was refused a lumber delivery because of the same problem. What are my rights? The neighbor was very angry that I had work done on "her" tree. Even though it sits in the middle of a driveway that leads to my home. The workers stayed on the easement and did not cross onto her property . I believe the set back is supposed to be 25 feet, but the tree is at about 15. Thanks ~D

My tech geek brother has a phrase he loves to use when I don't understand a particular aspect of one of his programs - RTFM - which directs the user to read the ...ahem, manual.

You might consider reading the ...ahem, easement. Don't believe it's 25 feet - KNOW it's 25 feet. If you'd cut down one of my tree's limbs without my permission, I would have had you cited for vandalism! Don't put quotes around "her" tree. It sits on "her" property that you've allowed to use for ingess/egress.

[Dandi]

OK,. I KNOW the easement setback is 25 feet. Are you saying that she should be responsible for pruning the tree? The tree is in the middle of the easement. I was told by the local fire department (who ordered me to intall the tank) that they could not access my property with a fire truck because of overhanging branches.

[IndianaOwner]

Could you have tied the branches back instead of cutting? I would have talked with the landowner first before cutting.

[Dandi]

I wish I could have. The top of my car has scratches down the entire top length of it and the paint is coming off due to these low hanging branches. Unfortunately there is no other access to my property. UPS will not deliver, Sears had to hand truck my washing machine delivery. It has just been allowed to get overgrown. This is rural property. When the property was subdivided 25 years ago the easement was established in order to divide the property into two acre parcels . Nolo press says I have the right to prune up to my property line but it doesnt mention easement rights other than Electic company rights to prune the tree. Which they do on a regular basis but only to vee out the top around the power lines

[IndianaOwner]

Sounds like you need to have a talk with the property owner about allowing you to prune the trees assuming it is an ingress/egress easement. I don't know the specifics in CA law to know who should split the cost. If the ingress/egress easement serves multiple parcels then you probably should talk to them and split x ways. I son't know if there is any obligation of the property owner to pay or maintain though since it is natural growth, not on obstruction that was planned. Good luck. You sound like you are being reasonable even though should have talked about pruning with your neighbor first.

[danno6925]

OK,. I KNOW the easement setback is 25 feet.

So you have a copy of the easement - that's good.

Are you saying that she should be responsible for pruning the tree?

Depends on who is responsible for the maintenance of the ingress/egress easement. If you're responsible, she would retain timber rights to the tree, but little else. Be certain to research whether or not the tree is a protected species before engaging in further tree work.

The tree is in the middle of the easement.

Does this mean it's in the middle of the driveway? If possible, get together with the landowner and request that the easement be moved so the tree is no longer a problem.

I was told by the local fire department (who ordered me to intall the tank) that they could not access my property with a fire truck because of overhanging branches.

Now we're getting somewhere. Get that statement in writing from the fire dept. chief. This tree clearly presents a direct safety hazard. Talk to the owner regarding the movement of the easement. Tell her you either want the easement moved to a place where you will have the ability to receive deliveries and access for a firetruck should the need arise, or you will be removing the tree (if maintenance is in fact your responsibility).
Do this verbally first in order to be a good neighbor, then certified mail when you're ready to take action. Good luck.