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LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 34884
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I live in a platted subdivision in mi, the city clams I am

Customer Question

I live in a platted subdivision in mi, the city clams I am responsible for removing a tree in front of my house that is in the road right of way. My legal description states that own to the right of way. Do I have to remove the tree?
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 4 months ago.

Good afternoon Raymond,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

While you own do in fact own the land that the right of way passes over, you don't have the right to plan vegetation in the right of way if it interferes with traffic traveling on the road. So if you planted the tree there they have a right to ask you to remove it. If the tree grew there naturally, then I think you have a solid argument that the city is responsible for the maintenance of their right of way when the obstruction is something that you did not cause to grow.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

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I wish you and yours the best in 2016,