TWW - I need your help. I have two really big pine trees that are right beside my house i want gone; however, they lay on the city easement. Am I allowed to cut them down? I can't find anything on their website.

i'm willing to foot the bill and put up new trees

[Edited on February 25, 2013 at 4:24 PM. Reason : ]

2/25/2013 4:16:34 PM

My parents had two pine trees on our property (so it slightly differs from your situation) that were deemed as dangerous to the power lines. They called Duke Energy and told them about the situation. Duke scheduled for workers to come, safely cut down the trees, and mulch them. I don't *think* they charged them (handled as preemptive cost cutting for the future), but I could be wrong.

Perhaps you could start there. Even if they aren't a danger to the power lines, the power company might be able to at least point you in the right direction. I'm sure they have had their fair share of tree cutting experience.

[Edited on February 25, 2013 at 5:15 PM. Reason : ]

2/25/2013 5:15:03 PM

is it an easement or city property? you can still own the easement, it just means that the city has access rights and can modify that area. I'm pretty sure you can remove trees from the easement, as long as you own it. Call the city to find out specifics.

2/25/2013 9:02:12 PM

just cut the motherfuckers down

2/25/2013 9:22:56 PM

what city?

2/25/2013 9:43:44 PM

Sorry I didn't mean easement - got my words mixed up. It's the city of raleigh right of way.

2/26/2013 6:47:38 AM

Okay I found who I need to talk too - trees@raleighnc.gov

Quote :

"just cut the motherfuckers down"

It's actually only a misdemeanor to do this.

[Edited on February 26, 2013 at 8:46 AM. Reason : ]

2/26/2013 8:35:03 AM

^
What trees?

2/26/2013 8:35:44 AM

so you own the property?

2/26/2013 8:31:10 PM

Dan Synder says cut them down.

2/26/2013 8:37:20 PM

A ROW is just the land area needed for access; it is still an easement.

2/26/2013 8:40:43 PM

Hey, it'll be up to them to prove there were any trees there in the first place, right? What are the chances they have pics of them on file?

2/27/2013 4:04:40 PM

I imagine they'd show-up on google map

2/27/2013 4:17:02 PM

Pretty good if they know about google streetview

2/27/2013 4:17:35 PM

Quote :

"A ROW is just the land area needed for access; it is still an easement. "

COMPLETELY wrong. The City owns the right of way, it is not an easement. Not even close.

2/28/2013 11:43:28 AM

Just came home to 2 large poplar trees (+18" caliper) cut down in our neighbors yard (just over our property line) and laying completely on our land. I assume our neighbor cut them down or had a tree service cut them down. We were not notified ahead of time and have not spoken to the neighbor yet.

In addition, someone came onto our land and sawcut the trees into about 10-ft lengths and left the debris, trunks, limbs on our property. Not sure if they plan to take it away. The trees looked healthy as far as I can tell.

I have no problem with someone cutting a tree down on their own land, but allowing it to fall into our yard and people operating chainsaws and leaving massive trees on our land is not cool... especially without our knowledge.

I want this crap taken off our our property. Suggestions on action I can take?

1/31/2015 5:59:19 PM

I would start by asking your neighbor if when they are returning to clean up the trees and ask who the contractor is and if they are insured (and if its not a well-known company, ask for proof of insurance).

1/31/2015 6:51:45 PM

Quote :

"COMPLETELY wrong. The City owns the right of way, it is not an easement. Not even close."

right-of-way is the term for the rights granted by the easement. The city doesn't own the property - only the rights granted by the easement. the only entity that refers to real property as right-of-way in this country is the railroad.

You need to find what the original recorded easement says regarding land use. It's common for utility easements to only limit you from plantings on the easement with no concern for removing vegetation, where an easement for something like roadway or intersection may stipulate their right to plant vegetation. Without knowing what the easement says, everyone is just guessing.

2/1/2015 12:04:18 AM

if it's at the roadway, they own it

2/1/2015 9:36:22 AM

My home is on 500ft of Davis Dr. Frontage. The City owns all land from the ROW markers to the road. I have no rights to use that land for any purpose. The city purchased the extended ROW area (used to be smaller) when they widened the road, so technically they can build a road on that right of way area over the next 10 years without going through any approvals/eminent domain/etc.

[Edited on February 2, 2015 at 9:48 AM. Reason : .]

2/2/2015 9:47:49 AM

I agree with eleusis on the ROW term. The city doesn't own the ROW, just the rights with the easement. If the city owned the land, it wouldn't be called a ROW. eleusis is also right when he speaks about the verbiage of the ROW, in that ROW's are created for the public's interest (typically for transportation), and the language allows for the public to do certain within the ROW (mow grass, walk, etc). Removing trees, placing utilities, building structures, etc, in the ROW is a matter I would consult with the ROW deed on file--but, I'm willing to bet you can't do any of the three listed.

The tree that was cut on the neighbors property is quite interesting. I would agree with others to talk with the neighbor first and try to handle it peacefully. Overall, in that case, I believe the law would be in your favor for your property to be returned in-kind.

2/3/2015 11:34:02 AM

Quote :

" Suggestions on action I can take?"

Step 1: TALK TO YOUR NEIGHBOR. This will most likely solve all the problems you have, without resorting to bitching on the internet.

2/3/2015 8:54:24 PM

There is a tree thats behind my house that leaning dangerously towards my home. Its right on the other side of my property line and the land is owned by the HOA. They are giving me the run around about cutting it down. Any suggestions on how to approach this?

6/26/2015 10:48:41 AM

^^^ the person's property line is going to stop somewhere before the road, it will not extend into the roadway. the roadway is not owned by them with just an access agreement ROW

6/26/2015 10:56:13 AM

Are the branches on your property? Any part of the tree thats over your property can be cut by you.

Otherwise, you are kinda out of luck until it falls. Once it falls, you can take insurance/legal action upon the owner/HOA.

6/26/2015 2:20:38 PM

6/26/2015 3:48:59 PM

I mean the tree is growing at an angle so that 95% of the tree is on my property. I just don't want to have to pay to cut it down since it's technically growing from their property

6/26/2015 3:49:28 PM

so they're ok with cutting it down as long as you pay for it? if that's the case, you can pay to cut it down now or you can pay your insurance deductible when it falls and tears your shit up.

6/26/2015 4:03:55 PM

No I didn't ask them if I could cut it down but if I hired someone and had it done the HOA would never know

6/26/2015 4:23:00 PM

then cut it down. what can they do besides bitch at you after the fact?

6/26/2015 4:34:15 PM

I was trying to get them to pay for it. That shit costs $texas

6/26/2015 4:45:55 PM

you have no leverage. if they did it, it would be purely out of the goodness of their heart.

6/26/2015 4:48:18 PM

just kill the tree, then point out to the HOA that it's dead and they will pay to remove it

6/27/2015 11:40:43 AM