Real Estate Law
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Hi - my name is ***** ***** I'll be glad to assist.
Does the utility have an easement that would cover the trees in the area at issue?
Ok. Thanks. The short answer is that if the property is in the right of way then the utility can cut the trees to whatever rights it has under the right of way document. But, you do need to try and see how wide the easement is. Obviously, if the trees are outside of the easement area, they can't touch them.
The first thing you should do is check the land records and find out what type of easement the utility has and how wide it is.. That will tell you whether you have grounds to contest or not.