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AttyHeather, Lawyer
Category: Real Estate Law
Satisfied Customers: 672
Experience:  Attorney with 15 years experience
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I am stationed in Japan and my son has informed me that the

Customer Question

I am stationed in Japan and my son has informed me that the easement along side my home, that is included in my property survey, has been cemented over for a sidewalk. It was an easement due to a drainage pipe under it. In building the sidewalk the construction co. cut a very large root to a tree in my yard. The city did not give any notification this was going to happen, nor did they say they would be disturbing my tree. Do I have any legal recourse for this?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Delaware, Kent county
JA: Has any paperwork been filed?
Customer: not by them or me.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The home owners on the other side of this sidewalk had the city come and take out 3 feet that was on their side. The city had not survey or plan for putting this sidewalk in.
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  AttyHeather replied 4 months ago.

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.

Expert:  AttyHeather replied 4 months ago.

The answer will depend on the language of the Easement document on file with the records of your county. If the easement provides only for drainage, it seems that putting in a sidewalk and cutting roots goes beyond the scope of the easement. You will have to read the easement to determine if they have exceed the scope of the easement. If they have, then yes, you can sue them.

Customer: replied 4 months ago.
What about cutting the roots of my 80 foot oak tree without informing me? Is there anything that can be done about that?
Expert:  AttyHeather replied 4 months ago.

If the root was interfering with the easement (for example, the root was causing damage to the pipe), then they would be able to cut it. But they cannot just cut it arbitrarily. Does that make sense?