Can You Plant Trees over Easement?

Property easements are a common feature in many residential areas, and they can be a source of confusion for homeowners who are looking to make landscaping changes to their yards. If you're wondering whether you can plant trees over an easement on your property, here's what you need to know.

Understanding Property Easements

A property easement is a legal agreement that allows someone else to use a portion of your property for a specific purpose. Examples of common easements include those granted to utility companies for power lines or pipelines and those granted to municipalities for roads or sidewalks. Easements are typically outlined in the property deed or in a separate agreement, and they are intended to last indefinitely.

The Limits of Your Use of an Easement Area

While an easement cannot be removed or altered without the agreement of the other party, the easement holder still has limits on what they can do with the space. For example, a utility company may be restricted from planting trees or erecting structures that could interfere with power lines, and a municipality may not be allowed to pave over an easement area without the property owner's permission.

Can You Plant Trees over an Easement?

The answer to this question depends on the specific terms of your easement agreement. If there are no restrictions on planting trees, you can plant them over an easement. However, if planting trees could interfere with the intended use of the easement by the easement holder, you may need to obtain permission or adjust your landscaping plans.

For example, if you have a utility easement on your property for power lines, planting tall trees directly underneath the lines could create a safety hazard for both the potential tree-trimmer and pedestrians below. Furthermore, trees with deep root systems could cause damage to the lines or other underground utility infrastructure.

Making Changes to an Easement Area

If you want to make changes to an easement area on your property, it's important to consult the easement agreement and understand the specific limitations that apply. Depending on the nature of the easement, you may need to obtain permission from the easement holder, such as a utility company or municipal government, before making any changes.

Additionally, depending on the size and scope of your landscaping plans, you may need to obtain permits from your local government or comply with other regulations, such as those pertaining to tree removal or landscaping in a protected area.

Conclusion

Planting trees over an easement area is possible in some cases, but it's important to understand the terms of your specific easement agreement before proceeding with any landscaping changes. Consulting with an attorney or other legal professional may be a good idea if you have questions about your easement agreement or the restrictions that apply to your property.