Cutting down 32 trees on your neighbor’s property for whatever reason is a far cry from some limbs hanging over the property line. That’s some real estate required to support 32 large trees that isn’t just an encroachment on an easement.
All utilities are buried, the guy should have and is required to obtain the HOA's permission before tree removal. Point is, it was plain rude to cut her tree down without her permission.
What if he didn't live in an HOA?
Does not matter if the utilities are buried or above ground, the purpose of a easement for utilities is to provide un hindered access for the utility providers to repair or service their equipment.
fences, trees, buildings etc are to be kept clear of the easement.
I get it, she planted the tree, but if it meant so much to her then why not place on her property away from the easement.
I'd be pissed..... 2 ways!
1) If some Jackass had my trees cut down.
2) If I had to beg permission (buy a permit) from the stupid bureaucrats if I wanted to cut my own trees down!
1) If some Jackass had my trees cut down.
2) If I had to beg permission (buy a permit) from the stupid bureaucrats if I wanted to cut my own trees down!
Nobody but the gov in charge of the easement can cut down or remove anything from said easement of it's on someone else's property. Period. An easement is a right of way for the local Gov, but property owners own said easement that falls within their property lines. If said pine tree was on her property within the easement, it's still her property and said neighbor can't do sh*t about it - only the city or county that governs the easement can. He can only remove or do anything that's within his property, not hers. It's not a matter of rude, it's a matter of property rights. She should've sued the sh*t out of him for destroying her property.
Liberty Mutual through Safeco
Not all easements are owned by the government; I don’t have any numbers, but I’d actually guess that most easements are between private parties. Utility companies have easements on private property, oil and gas pipeline owners have easements for their pipelines to cross property and for maintenance access, and other property owners can have access easements to be able to access landlocked parcels.
My place doesn’t have any pipelines, but ONG has an easement along my frontage, and the guy who owns the parcel behind mine has an easement along my south property line. The only government easement is the frontage where the section road runs—my property line is actually the centerline of the road with (IIRC) a 33’ permanent easement.
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