Fenton, MI asked in Land Use & Zoning and Real Estate Law for Michigan

Q: My city wants to plant a tree in the easement area betweent he sidewalk and road - can I stop them if I dont want the tr

2 Lawyer Answers

A: Probably not, but you can discuss your preference with the city. The "easement" you refer to may be land owned by the city, and if it is indeed an easement I expect that the city's rights with respect to the easement include determining whether to plant a tree.

A: Mr Morris is correct, and your question actually highlights something most people don't understand about how real property law 'works'. In MOST cities, the city owns the street, including up to and a little past the sidewalk area. That is CITY property, not yours. There is no 'easement'.

In most rural situations, people own to the middle of the road, and there is an 'easement' that allows the public and public utilities to use the roadway for public services and transportation.

A third even more complex situation arises if you are in a condo or homeowners' association area and there may be a third level of 'government' to consider.

These are all very different things so far as control and who can do what. Make sure you understand your situation and I'd recommend consulting with a local attorney to review all your paperwork including any surveys or other deeds/easements/restrictions there may be on your property.

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