QUESTION
We have a recorded in California 30 foot wide ingress egress easement. Question: Can the servient tenement plant trees within my easement?
Asked on Dec 09th, 2015 on Real Estate - California
More details to this question:
The servient tenement is planting several hundred Ficus hedge trees within the easement. The trees, small today will grow to 30 feet high, they line both sides of the 13 foot wide paved easement driveway and are planted within 4 feet of each side of the driveway.
1 ANSWER
Estate Litigation Attorney serving Redlands, CA
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Price Law Firm, APC
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You'll first have to read the easement granting document to see what it provides. Generally, the servient tenament cannot obstruct or build on the easement, but there are exceptions. It's going to depend on the facts and circumstances of your case and what the easement granting document says. Contact an attorney for a full consultation.
Answered on Dec 09th, 2015 at 12:31 PM