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propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 285
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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I have an easement signpost advertising my business. Do I

Resolved Question:

I have an easement for a signpost advertising my business. Do I have the right to trim a tree which is obscuring it?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
On a neighbouring piece of land that I do not own.
Expert:  propertylawyer replied 1 year ago.

Hi

Thanks for your question.

Generally, if the branches of a neighbour’s tree start to grow over to neighbouring property, the neighbour can cut them back to the boundary point between the properties, as long as the tree is not under a tree preservation order.

However, the land is not your presumably as you have a easement to display a sign on a 3rd party's land. You would need to get the land owner to cut the tree back (unless there is a provision in the deed of grant allowing you to do this - that there should be nothing on the land to obscure the sign).

I hope this helps.

Please remember to rate/accept my reply.

Kind regards

Customer: replied 1 year ago.
The land owner is not friendly and will not assist. But the easement is registered with the land registry and is for a signpost which has been there for decades. Long before the land was claimed. Can I make a case that the signpost has to be visible to function thus trim foliage accordingly?
Expert:  propertylawyer replied 1 year ago.

It depends on the wording of the easement. You may just have a simple right to display a sign. It is not possible to comment further without seeing the wording of the easement. The fact it is registered means it is legal but that in itself will not imply other rights.

If you have to enter the land to remove the branches then you will be trespassing if you do so without the land owner's express permission.

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