Is My Neighboring Interfering with the Legal Use of My Easement?

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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?

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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.

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Author: House Attorney