Can the county cut down bushes in my yard that are on the road right of way?

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Can the county cut down bushes in my yard that are on the road right of way?

The county road crew cut down multiple bushes in my yard. Although they were on the road right of way, they were kept trimmed, did not hang over the road, and did not obstruct traffic. These bushes had been there for over 50 years. They did not ask permission to cut down the bushes. They did not cut down bushes in a nearby yard on the same road that were also on the right of way. Do they have a right to arbitrarily decide which bushes to remove from the right of way? Should the county have to replace my bushes?

Asked on January 24, 2012 under Real Estate Law, Pennsylvania

Answers:

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

If they have an easement, they can do whatever they want to because they have a responsibility to maintain and use the easement. As the owner, you should be aware of the easement situation and not the get in the way of the easement.


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