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easement violation

Discussion in 'Civil Court, Procedure & Litigation' started by clearcut, Apr 17, 2009.

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  1. clearcut

    clearcut Law Topic Starter New Member

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    Power line transmission co has simple easement from the 1940's permitting access, maintenance and tree removal/trimming. After 50+ years Co. now engaged in clear-cutting all and committing waste, leaving debris, stumps, etc. Nowhere in the easement is reference made to low growing vegetation and screening shrubs. Does the court recognize the difference between shrubs and trees? What chance have I got bringing an action to replace shrubs, perhaps punitive as well. My property rights are being trampled by the large Co. because they can. This became obvious once they acknowledged the same easement but chose to go ahead despite the clear and simple language. I would appreciate thoughts. Thanks.
     

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