Neighborly advice on trees, shed
Wenatchee Valley Business World
Authors: Glay M. Gatens and Michelle A. Green
Q: I have an easement of record over my neighbor’s property that allows me to access my property for ingress and egress. My neighbor recently planted trees within my easement area. What can I legally do about this?
A: Unlike ownership of fee title to real property, an easement is simply a limited right to certain use of another party’s property.
The person benefited by the easement does not actually own the easement area. The scope of their easement rights depends on the specific uses set forth in the written easement and the historical use of the easement area.
Because an easement is a limited right of use and not fee ownership, the owner of the burdened property may use the area covered by the easement in any way that is not inconsistent with the use rights specified in the written easement. In other words, the owner of the burdened property may not interfere with the benefited party’s use rights. For example, the owner of a burdened property subject to an easement for ingress and egress may not legally block off an access easement with boulders, preventing the easement holder from using the area to access their property.
Whether there is any recourse against the neighbor for planting trees in the easement area depends on whether the trees interfere with your ability to use the easement area for ingress and egress to access your property.
If the trees obstruct the easement area in such a manner that you can no longer drive your vehicle down the driveway, then you likely have recourse against the neighbor for interference with your easement. However, if the trees do not affect your ability to access your property, there is not likely any cause of action against the neighboring property owner, regardless of the fact that the trees are planted within the designated easement area.