[WSBARP] Tree Adjacent to Utility Easement

Chris MacMillan cmacmillan at demcolaw.com
Thu Nov 19 11:12:02 PST 2015


Hello Listmates,

Property owner's parcel is subject to an undeveloped access and utility
easement. Developer now wants to develop the easement and plans to dig a 10
foot wide trench to lay sewer and other utilities. The easement is adjacent
to an old tree and some of the tree's roots undoubtedly lie within the
easement.

The property owner is concerned that digging the trench will destroy the
tree's roots and eventually kill the tree. Any suggestions for how to avoid
that aside from asking the developer to dig as far from the tree as
possible? Maybe the right to lateral support?

Thanks,
Chris

_______________________
Chris m. Macmillan
DEMCO LAW FIRM, P.S.
(206)203-6000
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