Legal Question in Real Estate Law in Arizona

Tree maintenance responsibility in easements

Who is responsible for maintaining (trimming) any trees and/or bushes that grow in or over a dedicated easement? Is it the holder of the easement, or the owner of the property under the easement? How would this apply to a roadway, utility or drainage easement owned by a municipality?


Asked on 5/11/06, 2:43 pm

1 Answer from Attorneys
James Jenkins Jenkins Law Center PLC

Re: Tree maintenance responsibility in easements

Too few details are presented here. The answer is probably the property owner, not the easement owner. This could depend upon the location, ie in a homeowners association area, etc. Easement is a right to conduct some activity on someone else's property. The property owener retains title, subject to the easement.

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Answered on 5/12/06, 10:05 am


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