QUESTION
Who is responsible for cleaning up a tree across an easement?
Asked on Feb 06th, 2016 on Landlord and Tenant Law - California
More details to this question:
In a windstorm two of our neighbor's trees fell across the driveway/easement we use to get to our property, blocking our access. We hired someone to cut through the trees and open up the driveway so we could have access, but now he is claiming that is our responsibility to clear up the fallen trees on his property, and if he has to clean them up himself, he will bill us, sue us, etc. We think we did him a favor in getting the trees off the access road in the first place, but he does need to use this road, we do!
2 ANSWERS
If they fell from his property they are his responsibility.
Answered on Mar 03rd, 2016 at 3:44 AM
Since the trees were on his property and he is not allowed to physically prevent you from using the easement, it is perfectly clear that he must remove all objects blocking your use of the easement. With an easement, the person granting the easement still owns the property, they are merely allowing someone else to use the property without being a trespasser. Since he refuses to pay, send him the bill for the work you did in removing the tree from your property and the easement. A very common example is as to your own home. You own the property from the rear property line to half way into the deeded in street [which often in not the actual middle of the covered street], but you are required to give the local entity the right to use an easement across the front of your property to build and maintain both the street and sidewalk.
Answered on Mar 03rd, 2016 at 3:44 AM