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Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 5168
Experience:  Licensed to practice before state and federal court
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In Okla we have 50 ft roadway easement and it has been used

Customer Question

In Okla we have 50 ft roadway easement and it has been used for hunting purposes on an occasional basis, trees and brush have grown up on this 50 foot easement. We are selling the acreage and new owner wants to know if he has the right to go in and cut down the trees and brush that is On the Road easement
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Oklahoma
JA: Has any paperwork been filed?
Customer: Yes Riadway Easement was filed of record 39 years ago.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Legal Eagle replied 5 months ago.

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Expert:  Legal Eagle replied 5 months ago.

Generally, if the owner of the easement has not taken care of the easement, the servient estate holder (the new owner) can make some reasonable changes to the property. There is no express prohibition against this happening, so long as it does not interfere with the rights of the easement holder. So, as long as it does not hurt the hunting by cutting down the trees and brush, then the new owner can do this.

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