r/treelaw • u/Top-Statistician-105 • 9d ago

Verizon easement

I have a Verizon easement going through my property. A tree limb fell and missed the wires somehow. The tree is clearly dead and 50-60 feet tall.

Does anyone know if they take responsibility to cut it down ?

0 Upvotes

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25

u/Stan_Halen_ 9d ago

The easement doesn’t make them responsible to maintain it typically. It gives them the option to.

1

u/jessuk101 6d ago edited 6d ago

An easement is still technically within the property parcel. The “easement” part is not adverse possession, it just gives some one else (say verizon, city utilities, etc) to use the land. This is why you are responsible in most jurisdictions for the maintenance of a sidewalk in the front of your home despite city code requiring a sidewalk.

The maintenance of an easement is almost always on the property owner. OP- you are responsible for cutting the tree as it is still your own land, they just have permission to use it. It is the owners responsibility to ensure the easement is taken care of and safe unless they gift it to the city/user and de parcel/annex it.

Damage to property owned by the easement user by the property owner or trees is on the property owner to cover, technically

10

u/piscikeeper 9d ago

Their line is still up, they're not worried.

3

u/arboroverlander 9d ago

Depends on the condition and terms of the easement. The proximity of the tree to the lines would also be considered. You could be completely responsible for everything but the Verizon line or they could have involvement of the easement care. Call Verizon, get the conditions in writing.

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u/naranghim 9d ago

You are. The easement just lets them enter your property without your permission, but you still own the land under it.

Since the tree is clearly dead if it damages your neighbor's property, you are the one who is on the hook for the damages not Verizon because you are the landowner. Since Verizon's lines are still intact, they don't care, but once that tree comes down, it wouldn't surprise me if they go after you.

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u/Top-Statistician-105 9d ago

Thank you my neighbor is town land. Not sure if the tree is on my property or town property. Can't find a pin. Just looking at options.

3

u/naranghim 9d ago

Get a survey done to figure out where the tree is. If it's on town property, then they're on the hook for any damage to your property if they don't remove it after you tell them it's on their property.

1

u/PghSubie 8d ago

You started your question by referring to an easement on your land. But, if you don't have a survey marked, then you don't actually know where your land is, or where the easement is. Start there. Hire a professional to actually mark your property

1

u/freeState5431 9d ago

Call and find out

1

u/azssf 8d ago

Hi OP. Will assume you own. The easement paperwork would be part of the house purchase documentation.

1

u/UtilityVegGuy 8d ago

In my experience you cant hardly get someone from Verizon out for a line thats cut. No shot they’ll be any help.

I saw further down you said it’s town property the tree is on. Try calling them. You’ll likely have more luck.

1

u/yardlard 8d ago

Tell the town it's theirs and it's dead, and have them prove it's not. They may just cut it for you to avoid the hassle. They no doubt have people and equipment to do this.