Real Estate Law
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Hi! I'm Heather. I've been a practicing attorney for the last 15 years, and I'd be happy to assist you for informational and educational purposes.
If there is an express easement giving Neighbor A the right to use that property for ingress and egress, and cutting the trees is necessary for reasonable ingress and egress, then the Neighbor A would be within his rights. Certainly, there are arguments against this, such as, removing the trees is not necessary for reasonable ingress and egress, because Neighbor A has been ingressing and egressing without removal of the trees for years. In addition, if the plain language of the easement directly speaks to this, it would be controlling on the issue. But in the absence of plain language, if the Neighbor A can show that removal of the trees is necessary for ingress and egress, then he is within his rights.
Does that make sense?
He could argue that he has a boat or camper that needs more room to get through, or it's so tight that he fears scraping the sides of his vehicles. You really need to pull the actual easement itself and read exactly what the words state. That is going to be your best bet on whether he has the right to do the expansion. Some access easements are very narrow, others are not. It's obviously not a good sign if it states 60 feet. But the explicit language of the easement might give you some argument as to why you can limit it. The problem is that if it's an express easement (which means in writing), then he can't lose the right just because the easement wasn't expanded until now. Some types of easements, you can lose that right if fences are put up, but not express easements. You have not said it's an express easement, but I'm assuming it is, because normally only an express easement would state it is 60 feet.