Legal Question in Real Estate Law in California

Re: easement next to owned property

Someone owns the property. An easement is not ownership of the property described in the easement. It runs across someone's property. So the trees are on someone's property. You can trim any portion of the trees encroaching on, above or below your property. But you may not without consent or a court order trim the trees ont on, above or below your property.

Re: easement next to owned property

An easement is neither ownership nor a possessory right (like a lease). It is merely the privilege to use someone else's land for a specified purpose, such as access or, in your case since you mention "Edison," running electric wires. The electric company doesn't own this land, very possibly, you do. The survey is not conclusive, because surveyor's duties have to do with locating boundaries, not interpreting documents that describe the rights that exist on either side of the boundary. "Edison" does not own the land making up the "Edison easement." If it did, the description of "easement" would be inaccurate.

If your neighbor planted trees in the "Edison easement," the question remains whether it was a portion of the Edison easement owned by the neighbor, or a portion of the Edison easement owned by you, or a portion of the Edison easement owned by someone else.

If it were a portion owned by you, and I'd guess it was not, you'd be home free. It's your land, and the neighbor was trespassing when he planted the trees.

If it were a portion owned by the neighbor, on the other hand, you are in deep doo-doo, because you are the trespasser. You could legally trim any branches that overhang your property, cutting them at the property line - but if you cut any limbs on the neighbor's property, whether or not that portion of the neighbor's property is also subject to an easement in favor of the Edison folks, you have trespassed. While I can't say vandalism is an appropriate charge, you will be civilly liable for some damages, and you may want to consult a local lawyer.

I'd also recommend talking to your homeowner's insurance people, as this is probably covered and you should let them know about the situation at an early stage. Consult your policy and your agent.