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socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 39027
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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We have a easement and a neighbors tree is on his property

Customer Question

We have a easement and a neighbors tree is on his property and within our easement and it is limiting our access. Can we legally remove tree and is there any case law to support the removal??
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  socrateaser replied 2 years ago.
Hello, The general rule is that an easement is narrowly construed to effect its express purpose. Due to the rule, without review of the actual easement grant, and a knowledge of precisely what sort of access allegedly being denied, it is impossible to provide case law that would dispositively answer your question. I can give you a case that provides a typical legal analysis, and you can evaluate your rights on that basis. If you need something more specific, then I will have to send you an additional services request. Will this be satisfactory?