Can You Plant Trees in an Easement?

An easement is a legal agreement that allows someone to use a portion of your property for a specific purpose. This can include access to a shared driveway or a utility company's right to lay pipes or power lines across your land. But what if you want to plant some trees in your easement area? Can you do that?

The Short Answer

Yes, in most cases you can plant trees in an easement. However, you need to be aware of a few things before you start digging in the dirt. Firstly, you should check the terms of your easement agreement to make sure there are no restrictions on planting trees. Secondly, you should consider the type and location of the trees you want to plant to avoid conflicts with utility companies, local authorities, or neighbors.

Understanding Easement Agreements

Easement agreements can be complex legal documents, and it's important to understand what they allow and prohibit. For example, some easements may prohibit any additional structures or impede the growth of any vegetation. Others may restrict the use of the land to a specific purpose, such as drainage or sewer access. If you're unsure about the terms of your easement, consult the deed or speak to a lawyer.

The Importance of Location

Even if your easement agreement allows for tree planting, you need to consider the location of your trees. Utility companies and local authorities have the right to access and maintain their equipment, which means they may need to remove or prune trees that obstruct their lines of sight. This can be dangerous for workers and may result in costly repairs for you. For this reason, you should avoid planting trees directly over or near utility lines, transformers, or other equipment. Be sure to check with your local authority for any specific restrictions on planting near utility lines.

Choosing the Right Trees

When selecting trees for your easement area, it's important to choose the right species and size. Avoid planting trees that are too tall or too wide, as they can grow into power lines or obstruct the view of drivers on nearby roads. Instead, choose trees that remain relatively small or are easily maintained through pruning. Also, avoid planting any trees that are considered invasive species, as they can quickly spread into neighboring properties and cause damage to local ecosystems.

Talking to Your Neighbors

Even though the easement area is technically part of your property, it may affect your neighbors as well. Before planting any trees, it's a good idea to talk to your neighbors to get their opinions and concerns. They may have additional information or suggestions that you haven't considered, and involving them in the process can help avoid conflicts and misunderstandings in the future.

In Conclusion

Planting trees in an easement is generally allowed, but it's important to understand the terms of your easement agreement and take into consideration the type and location of the trees you want to plant. By choosing the right trees, avoiding obstacles such as utility lines, and communicating with your neighbors, you can enhance the aesthetics and value of your property without disrupting the access of utility companies and local authorities.