My question involves real estate located in the State of: Texas
An easement holder wishes to remove some trees and trim others. The trees are both in the easement and bordering the easement. Those trees that are in the easement were willing allowed to remain in the easement 40 years ago when it was taken. The easement language states that "the Agency will pay to the owner of the land, and if leased, to his tenant, as they may be respectively entitled, for actual damage as done to timber, fences and growing crops by reason of construction, maintenance or removal of said lines; provided however, that no such payment shall be made for trimming or removal of trees hereafter permitted to grow on said land, nor for removal of buildings, structures, or obstructions erected upon said land after any of the said lines are constructed."
How do I establish the value of a tree? How do I establish the reduction in value of a beautifully shaped tree that will soon be shaped like a toothbrush?
Beyond this basic issue of the value of a tree, the tree line they want to remove blocks the view of my backyard from my neighbors. The symmetry and overall layout of my yard was based on the tree line that they left 40 years ago, with that treeline removed I will need to plant new trees, closer to my house, thus causing me to relocate paths and plantings that have all been laid out by landscape architects over the years and kept in good condition; do they owe me for this as well?
An easement holder wishes to remove some trees and trim others. The trees are both in the easement and bordering the easement. Those trees that are in the easement were willing allowed to remain in the easement 40 years ago when it was taken. The easement language states that "the Agency will pay to the owner of the land, and if leased, to his tenant, as they may be respectively entitled, for actual damage as done to timber, fences and growing crops by reason of construction, maintenance or removal of said lines; provided however, that no such payment shall be made for trimming or removal of trees hereafter permitted to grow on said land, nor for removal of buildings, structures, or obstructions erected upon said land after any of the said lines are constructed."
How do I establish the value of a tree? How do I establish the reduction in value of a beautifully shaped tree that will soon be shaped like a toothbrush?
Beyond this basic issue of the value of a tree, the tree line they want to remove blocks the view of my backyard from my neighbors. The symmetry and overall layout of my yard was based on the tree line that they left 40 years ago, with that treeline removed I will need to plant new trees, closer to my house, thus causing me to relocate paths and plantings that have all been laid out by landscape architects over the years and kept in good condition; do they owe me for this as well?
Maintenance and Repair: Value of Trees Adjoining Easement That Easement Holder Wants to Trim
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