Do my neighbors have the right to pull bushes and plants in which I planted ina yard easement and city right away area?

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Do my neighbors have the right to pull bushes and plants in which I planted ina yard easement and city right away area?

My neighbors and I share a yard easement (YE). The easement was issued from us to the neighbors. I had a large tree that was in the YE and most of the city right of way (CRW) removed. Since then I tried to plant several trees and bushes in the YE to replace the large tree I removed but each time my neighbors pull them out and dispose of them because they think it is their yard/land. I don’t have the right to the land. Does the right to use my YE give the neighbors the right to pull out the trees and flowers I plant in the YE and CRW? Isn’t that considered vandalism?

Asked on March 12, 2012 under Real Estate Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

There is no simple answer: it depends on the terms of the easement. It may be that planting trees, bushes, etc. in the easement would violate your neighbor's rights, by interfering with permitted uses of theirs. You need to consult with a real estate attorney, bringing with you all documents creating or referencing the easement, to understand your and your neighbors' rights.


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