Can someone cut down trees on an easement?

My neighbor wants to sell his trees to a
lumber company but I see on the map
of our lands that there is an easement
on his side of our property line. Can he
cut the trees on this easement?

Asked on August 29, 2017 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

An easement provides someone else a right to use or transverse another's property. It does not provide any other rights, or generally take away the property owner's right to use, manage, etc. his property. Your neighbor can cut down the trees so long as doing so does not impair use of the easement (e.g. he can't cut the trees but then leave them fallen in such as way as to impede the easement).


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