Legal Question in Construction Law in California
I have 5 very tall palm trees that are about 15 feet away from the street in my yard. "SDGE (San Diego Gas and Electric) Vegetation Management Program" tagged one of my trees saying that it's falling leaves are a "possible" risk to the power lines. They have offered to cut it down for free -or- they threatened to tag it in such a way that if anything happens to the phone lines, it will be charged to me directly. I know I don't have to cut it down....but can they charge me directly when it is on my land and has been there for a least 20 years?
1 Answer from Attorneys
Probably. The utility poles and wires are undoubtedly on a valid easement, and the general terms of utility easements require the easement holder to maintain its own facilities within the easement, but also a a general matter the owner of the property upon which the easement lies must not do anything that intereferes with the easement holder's use of the easement for the intended purposes thereof. Growing big tall palm trees (probably now taller than when the utility lines were designed and strung) could certainly be considered an interference with the easement's use. Tree owners are generally responsible for damage done to others' property, and I'd think that would be true where the property is on an easement. Further, the utility is unlikely to make a threat of this kind unless it was pretty sure it was consistent with court decisions. It's entirely possible that the original easement agreement may have specific language to this effect.
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