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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31692
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Gulf power says after 50 yrs they want to cut all trees in

Customer Question

Gulf power says after 50 yrs they want to cut all trees in my yard that are within 100 ft of their power lines, they are no where near the wires and present no restriction to access. Any way to fight this, they will not answer why, just said we can legally do it , we don't have to have a reason .
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

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?

Customer: replied 1 year ago.
not sure how far however, neighbors say 50 feet , gulf power says 100, the five oak trees are about 90 feet away and vertically 200 ft away.
Expert:  Roger replied 1 year ago.

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.

Expert:  Roger replied 1 year ago.

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.