You have not stated enough facts for a lawyer to be able to provide helpful guidance. Please supplement describing:
1. What is the purpose of the easement?
2. What properties have the benefit of the use?
3. Does your property have any rights to use the easement also?
4. Does the easement describe maintenance of the easement or duties of the burdened property owner?
5. Do the branches of your trees interfere with the use of the easement?
6. Are the trees otherwise healthy such as not posing a danger to the users of the easement?
There is no attorney-client relationship established between me and other persons who may post a question or answer. My opinions are without investigation of the facts, based on presumptions. My opinions may not be relied upon as the opinion of my employer or used against the company in a claim.
Easements are usually (but not always) created by a written document which is recorded. In most instances, the rights and obligations of the parties are described in the recorded document. You should be able to get a copy of the recorded easement through your title insurance company or the county recorder's office with a little research. If this is a significant problem and you cannot locate the written document, or understand it, you may wish to consult with a real estate lawyer. Even paying for an hour of time might be worth your while. E
Posts on this forum are intended for educational and information purposes only and do not create an attorney client relationship. The answers posted should not be treated as legal advice. The posts are intended to be accurate but are based on incomplete information and may be truncated for expediency or to avoid disclosing confidential advice on a public forum. They are not a substitute for speaking directly with an attorney in your area. Mr. Thayer is licensed in Washington state only and laws in your jurisdiction may vary.
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