Can I mow the ditches of a road easement in front of my property?

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Can I mow the ditches of a road easement in front of my property?

I was cited for trespass and destruction of private property for mowing the ditches in front of our property. I do not own the property but was well within the 60′ road easement in front of my property. Easement states, “The grantees covenant with the grantors to at all times maintain and make necessary repairs, at their own expense, should the roadway require same for its proper upkeep and maintenance.” I merely cleaned up the ditches which were filled with weeds and grass to enhance the view of our property. If not mowed would eventually pose a problem for fire in summer and snow drifting in winter.

Asked on June 25, 2011 under Real Estate Law, Wyoming

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

From what youhave written here it appears that you were within your rights under the easement to clean up the area.  But I think that you really need to bring the document in to someone to read on your behalf.  It is very difficult in this type of forum to determine exactly what is what and with out reading the document as a whole.  You need to have a plan when you go and fight the ticket and to make sure that you are within your rights.  You also need to have a plan should you have violated the law and to make an argument based upon the safety of the area.  Good luck to you.


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