Legal Question in Real Estate Law in California

An easement means the right to pass over something without causing damage. You, thus, can not cut down the neighbor's tree without his permission. It is wise of you to ask first, act second.

Hi Steve,

You can call me for a consultation. I have to look at documents and ask you some questions to know exactly where your property is. I like to research before I give out answers. You may need to work it out with your neighbor.

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi

870 Market Street, Suite 1161

San Francisco CA 94102

San Francisco Litigation Attorney

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Unfortunately LawGuru.com does not monitor the quality of the attorneys answering questions on the site very well, and you managed to get Mr. Shers who is just flat wrong on the law here, and Mr. Bakondi who seems to think agreeing to answer questions on the site doesn't really mean he has to answer anything until he gets you to come into his office for a consultation so he can pitch you to hire him.

To give you an actual and correct answer to your question that you could rely on with any certainty, I would have to review the instrument that granted the easement. In general, however, if your easement is for "access" and has specified metes and bounds, you have the right to move the alignment of any improvements to the easement, such as a road bed, anywhere you like within the easement. If your neighbor actually planted the tree, however, and has cultivated and tended the tree, he may be able to claim he took back part of the easement by adverse posession. On the other hand, if the tree is naturally occurring, or was present at the time the easement was granted, that argument would fail and you would have the right to cut it down just as much as you would have the right to cut down and pave over grass. Lastly, it is good that you are willing to pay for the work, because the owner of the burdened property has no obligation to pay for any improvements or maintenance of the easement. It is entirely on the owner(s) of the benefitted parcel(s). In closing, I will give Bakondi credit for one thing. It is always a good idea to work these things out with the neighbor rather than standing on your legal rights and plowing ahead.