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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117369
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I live in El Paso Tx, own property within the city,my

Customer Question

I live in El Paso Tx, own property within the city,my question is if I have trees planted in the area ( called a easement, and the city garbage trucks damage my trees on more that one occasion causing unsitely appearance and possible lost in property value do I as the property owner have the right to make the city pay for the cost of replacement or repairs of the trees.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You cannot legally impair any easement. The owner of the land on which an easement is granted has a duty to keep that easement clear and able to be used for its intended purpose. The owner of the land where there is an easement is called the "servient owner" and the party who has rights to use the easement is called the "dominant owner' for the reason that the servient owner has to do whatever is necessary to allow the easement to remain open and used.

So, if the trees are impairing an easement, the city is not legally liable for damage to those trees that are interfering with the use of that easement. In order to hold the city liable, you have to prove the trees do NOT impair or block the easement in any way and do not interfere with the use in addition to a witness that it was indeed the city trucks that caused the damage. Pictures with the damage is not proof enough, you need a picture or witness of them actually causing the damage in addition to proving that your trees do not interfere with the easement use.