Can You Plant Trees on an Access Agreement?

An access agreement is a legal document that grants someone the right to enter or use a property for a specific purpose. This type of agreement is often used in situations where one party needs to cross another party's land to access a resource or destination. While access agreements don't typically prohibit tree planting outright, there are some things to consider before planting trees on someone else's property.

Ownership and Permission

The first thing to consider when planting trees on an access agreement is ownership and permission. If you own the land covered by the access agreement, then you are free to plant trees as long as they don't interfere with the access rights granted in the agreement. However, if you are using someone else's land, you will need their permission to plant trees.

Before planting trees on someone else's property, you should review the terms of the access agreement to make sure you aren't violating any of its provisions. The agreement may include restrictions on land use, building or construction activities, and alterations to the property. If you are unsure whether planting trees is allowed, it may be best to consult with an attorney or the landowner before proceeding.

Easements and Rights-of-Way

Another important consideration when planting trees on an access agreement is easements and rights-of-way. These are legal agreements that grant someone the right to use a specific portion of a property for a specific purpose. Easements and rights-of-way may give access to utilities or roadways, and they often dictate where trees can and cannot be planted.

If your access agreement includes an easement or right-of-way, you should review the terms of the agreement to see if it includes any tree planting restrictions. In some cases, these agreements may specify the number, size, and location of trees that can be planted near the easement or right-of-way. If you are unsure whether you can plant trees near an easement or right-of-way, it is best to consult with an attorney or the landowner before proceeding.

Liability and Maintenance

Planting trees on an access agreement can also raise liability and maintenance concerns. If the trees you plant obstruct access or create a hazard, you may be liable for any injuries or damage that result. Additionally, maintaining these trees may fall to the landowner or to the party with the access rights, depending on the terms of the agreement.

Before planting trees on an access agreement, you should discuss these concerns with the landowner and determine who will be responsible for maintaining the trees. You may also want to consider liability insurance to protect yourself from any potential damages or lawsuits.

Conclusion

While planting trees on an access agreement is not necessarily prohibited, it is important to consider ownership and permission, easements and rights-of-way, and liability and maintenance concerns before proceeding. Consulting with an attorney or the landowner can help you ensure that you are complying with the terms of the agreement and mitigating any potential risks or liabilities.