Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
My septic field is on an neighbor’s easement. A large tree on his property fell onto the septic easement and is blocking access to the field, preventing the county’s annual inspection and renewal of my permit. My neighbor says that though he owns the property he is not responsible for removing the tree. What can I do?
Well, if you’ve got a dead tree blocking your easement, your neighbor is interfering with your legal use of the easement. That’s a violation of the easement agreement, so he is in fact responsible.However, it might be easier to remove the tree yourself (so you can get the inspection and permitting done), then argue about reimbursement.
