Can you plant trees in an access easement?

Access easements are areas of land that are legally designated for the purpose of providing access to another property. They are typically located at the edges of properties and are used for driveways, sidewalks, and other types of access. Because they are legally designated for this purpose, there are often restrictions placed on what can be done within an access easement. This includes restrictions on planting trees.

Understanding Access Easements

Access easements are created by legal agreements between property owners that establish the right of one party to access another party's property. They can be granted for a variety of purposes, including allowing a neighbor to use a driveway or creating a pathway for utility companies to access poles or wires. While access easements can provide important benefits to property owners, they can also limit the ways in which the land can be used.

The Rules About Planting Trees

Because access easements are established for the purpose of providing access to other properties, there are often strict rules about what can be done within them. Planting trees, for example, may be prohibited because the roots of the trees could interfere with the use of the easement. Additionally, trees can create a hazard for vehicles or pedestrians using the easement, particularly if they are not properly maintained.

Exceptions to the Rules

While planting trees in an access easement is generally not allowed, there may be exceptions to this rule. In some cases, property owners may be able to obtain permission from the party that has the right to use the easement. If the tree is not expected to interfere with the use of the easement and does not pose a hazard, the party with the right to the easement may be willing to allow it.

It is important to note, however, that obtaining permission to plant a tree in an access easement is not always possible. Even if the tree is not expected to cause problems, the party with the right to the easement may still be unwilling to allow it. In such cases, property owners should consult with an attorney to help determine their options.

The Risks of Planting Trees in an Access Easement

There are several risks associated with planting trees in an access easement. First and foremost, planting trees in an easement without permission can lead to legal trouble. Property owners who violate the terms of an easement can be held liable for damages, and may be required to remove the trees at their own expense.

In addition to legal risks, planting trees in an access easement can also create practical difficulties. Trees with large roots, for example, can cause problems with drainage systems, and can even damage underground pipes. Trees that block access to the easement can also make it difficult for emergency services to reach the property, putting residents at risk in the event of an emergency.

Conclusion

While it may be tempting to plant trees in an access easement, doing so can be a risky proposition. Because easements are established for the purpose of providing access to other properties, they are subject to strict rules about what can be done within them. Property owners who violate these rules can face legal and practical headaches, so it is important to consult with an attorney before planting a tree in an access easement.