Can You Plant a Tree on an Easement?

Easements are areas of land that belong to someone else but have specific rights and privileges granted to a third party. They are often created to allow utilities, such as power lines, to use the land without the need to purchase the property. But, what about planting a tree on an easement? Can you do it? The answer is complicated and depends on several factors.

Understanding Easements

Before discussing whether a tree can be planted on an easement, it's important to understand what an easement is. An easement is a legal right of use granted over a property to someone other than the owner. The owner of the property cannot revoke the easement since it is a legal binding agreement.

There are two main types of easements:

Express easements: These are created by a written agreement or by a deed. They clearly define the rights and limitations of the easement.

Implied easements: These are inferred by the court based on the actions of the parties involved. For example, if a driveway serves two properties, both owners have an implied easement to use it.

Planting Trees on Easements

When it comes to planting trees on an easement, the answer isn't straightforward. It depends on the type of easement, the tree, and local ordinances. Let's explore some of the factors involved.

Type of Easement

If the easement is an express easement, the parties involved may agree on whether a tree can be planted on it. The agreement will outline the specifics of planting, such as the distance from the power lines or any other limitations.

However, if the easement is an implied easement, the rights of the third-party have been inferred by the court. In this case, planting a tree may infringe on the legal rights of the third party, and it can lead to legal consequences.

Type of Tree

The type of tree being planted on an easement can also affect whether it's allowed or not. Trees that grow too tall or too wide may impede on power lines, and the utility company may request their removal. As a general rule of thumb, utility companies recommend planting trees that grow fewer than 25 feet tall or that have a spread of fewer than 25 feet.

Local Ordinances

Planting a tree on an easement may also violate local ordinances. Some areas have specific tree planting regulations that must be followed to ensure the safety and accessibility of public rights of way. Before planting a tree on an easement, it's crucial to check with the local authorities to determine any restrictions or permits required.

Conclusion

Planting a tree on an easement is a complicated issue that depends on various factors. While it may be allowed in some cases, it may be prohibited in others. Before planting a tree, it's essential to make sure that it's permitted under the terms of the easement, and it complies with local ordinances.

It's important to remember the legal implications and the potential safety concerns involved in planting a tree on an easement. A well-planned and well-executed tree planting can enhance your property's aesthetics, but it must not come at the expense of public safety or infringe on another party's legal rights.