Trees in Legal Easement; Right to Remove?

[TaoWanderer]

What is the name of your state? Nevada

1/3 acre property A was just purchased by our friends and is behind behind 1/3 acre property B. A 20' wide legal easement granted to property A for access, runs through property B. There are 7 trees in the easement restricting access. The narrowest gap is 10' between the 2 trees near the front of the easement. New owners of property A want to remove the trees from the easement to free up the full 20' width for bringing in a mobile home. Do they need permission from the owner of property B to remove the trees? And if he says No, which looks like will be the case (they don't want the trees to be removed), if the property A owners go ahead and remove the trees anyways or if they remove the trees without asking at all what would be the legal consequences (i.e. how would they fair in a lawsuit)? What is the best way to proceed?

Thank You.

 

[IndianaOwner]

Yes, they may removed the trees for access (assuming the easement is still in effect).

However, if there is another means of access, maybe A & B can work it out to use another route without have to cut down all or some of the trees.

 

[JETX]

Do they need permission from the owner of property B to remove the trees?

Simple answer... yes.

And if he says No, which looks like will be the case (they don't want the trees to be removed), if the property A owners go ahead and remove the trees anyways or if they remove the trees without asking at all what would be the legal consequences (i.e. how would they fair in a lawsuit)?

'They' (you) would likely get hit with damages, plus fees, plus attorney...

What is the best way to proceed?

Get the permission of the property OWNER before taking things into your own hands.

 

[TaoWanderer]

Simple answer... yes.


'They' (you) would likely get hit with damages, plus fees, plus attorney...


Get the permission of the property OWNER before taking things into your own hands.

I had the new owners of A ask B for permission and B denied the permission as we had thought he would. 10' is wide enough maybe to drive small cars in, but to get a big truck or mobile home in it's got to be wider. An easement for access means we must have access, but how wide an access do we have a right to (10', 12', the full 20')? Do we have to sue to get the right to take down the trees? What should we do now?

 

[JETX]

An easement for access means we must have access, but how wide an access do we have a right to (10', 12', the full 20')?

You have the right of a vehicle access.... that is 8' (the width of a standard traffic lane).

Do we have to sue to get the right to take down the trees?

You certainly have the right to ask the court to issue an order allowing wider access.

 

[IndianaOwner]

You said you had a defined 20 foot wide easement....so why are we talking about 8 feet or 10 feet???

 

[TaoWanderer]

You said you had a defined 20 foot wide easement....so why are we talking about 8 feet or 10 feet???

Yes, the easement is 20' wide, but because of the trees access is restricted to 10' at the narrowest part.

 

[IndianaOwner]

Then why are we talking about 8 & 10 foot wide access. You have 20 feet. If the trees are in the way, please inform the property owner that you need access and request that they make accomodations per your property right. If they refuse, inform them they will be liable for the extra costs and delays.

 

[Dave Stevens]

I have never heard anything about an easement being restricted to the size of a normal road lane of 8 feet. I think that is not correct. If you have a 20' wide easement that means you have a right to use the entire width as long as its being used for an intended purpose. If the purpose is "ingress/egress" then moving a mobile home to the property seems perfectly fine. Even though mobile homes are ugly and they should be restricted on aesthetic sense alone.

I doubt that you face any problems at all if you choose to cut the trees down without any notice. However, to be civil and to prevent any obstacles on move-in day (the owner of prop B could call the police when he saw you out their with your chainsaw and the police could very well say they have no idea who is right and wrong and its a civil matter and order you to take it to court), you might want to send the neighbor a letter stating what your intent is and instructing him to notify you if he has any objections. Send it certified return receipt requested. Then if he objects, its up to you. If you have money to burn, hire a lawyer to direct you through the process. If not, and you like to take risks, go cut those suckers down and see what happens.

 

[danno6925]

Lumber Rights

Don't forget to take into account the lumber rights of Prop B's owner. Although ingress/egress is permitted by the easement, the removal of lumber from someone else's property could be considered theft if the wood from the trees has any significant value, or permission from the landowner.