trees along easement

[freddyg]

What is the name of your state? Minnesota We have a 33' ease- ment on the north end of our property. We recently planted trees (saplings) 10 ' from the north side of the easement. We received a certified letter from the neighbor that stated that we needed to remove them because the trees "will effect my ability to use my easement to its full extent". He also states that "nothing is supposed to be planted or put in to obstruct my ability to use this easement". The easement says "for road & utility purposes". Nothing else was mentioned in the easement. I don't know if this has any bearing on this matter but when we bought, the owners failed to mention an easement on the property (we bought without a realtor). He says he may build in the future. Right now his 40 acres is used for hunting. Can you help us with our rights as to this matter? Thank you.

 

[HomeGuru]

What is the name of your state? Minnesota We have a 33' ease- ment on the north end of our property. We recently planted trees (saplings) 10 ' from the north side of the easement. We received a certified letter from the neighbor that stated that we needed to remove them because the trees "will effect my ability to use my easement to its full extent". He also states that "nothing is supposed to be planted or put in to obstruct my ability to use this easement". The easement says "for road & utility purposes". Nothing else was mentioned in the easement. I don't know if this has any bearing on this matter but when we bought, the owners failed to mention an easement on the property (we bought without a realtor). He says he may build in the future. Right now his 40 acres is used for hunting. Can you help us with our rights as to this matter? Thank you.

**A: were the trees planted on your property or in the easement (neighbor's property)?

 

[freddyg]

trees planted

The easement runs east to west, 33' width and the trees were planted 10' north of the easement on our property.

 

[HomeGuru]

Re: trees planted

The easement runs east to west, 33' width and the trees were planted 10' north of the easement on our property.

**A: please answer my direct question.

 

[freddyg]

On our property - sorry about that.

 

[HomeGuru]

Then you are within your rights. If the trees grow large in the future and encroach into the easement area, you are responsible for trimming.

 

[jimmler]

"What is the name of your state? Minnesota We have a 33' ease- ment on the north end of our property. We recently planted trees (saplings) 10 ' from the north side of the easement. "

The easement is on the north end of your property, 33' wide (into your property). Is the north side of the easement the same as your north property line?

If the north side of the easement is the same line as your north property line, you planted the trees 10' from the north side of the easement, so the trees are in the easement. Is this correct?

Or is there a strip of land in between your north property line and the north line of the easement, where you planted the trees?

 

[freddyg]

There is about a 25' strip of land between our property line and the north side of the easement. So the trees are roughly planted 10' from the property line and 10' from the easement right in between.

 

[jimmler]

Okay, then Home Guru already answered your question.

Julie

 

[HomeGuru]

Happy planting.