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Urban Forestry & Horticulture
A division of the Landscape Management Department

Trees on Utility / Drainage EASEMENTS

An easement is not a piece of property. It is someone's right to use a certain part of someone else's property for limited purposes, such as drainage, utility distribution, or access.

Land under a "utility and drainage easement" does not belong to the city -- it is private land. Trees on easements are private trees, and the City will accept responsibility for working on them only under very limited conditions (see below) .

Here is a drawing of a fairly typical residential property. The plat map, registered in the County Courthouse along with the deed, typically says something like "7-1/2' UDE" in the area designated as an easement.


Huntsville Utilities deals with all tree problems related to...

> water distribution
> gas distribution
> electric power distribution, including street lights --

Regardless of who owns the land, tree problems related to overhead lines should be handled as follows:

TYPE OF LINE
RESPONSIBILITY
electricity distribution Huntsville Utilities -- 535-1200
electric service (the large insulated wire from the transformer to your house) homeowner's responsibility
telephone service telephone service provider
TV cable TV cable provider

For other problems, which we use citywide and believe is fair to all, is as follows.

On land that the city actually owns, such as street and alley rights-of-way, parks, public cemeteries, etc., the City handles tree problems other than those related to electric, telephone, & TV lines.

On private land under an easement, the City accepts responsibility for handling tree problems only if they were caused by our use of the easement, or if the work is required for our use of the easement. For example, we will prune or remove trees that have been undermined by water, or damaged by the city's machine operation.

The landowner is responsible for other work on easement trees, such as:

general pruning
removal of safety hazards -- dead and cracked branches, etc.
repair of storm damage
taking out trees that the owner doesn't like
removing trees for reasons not related to the City's use of the easement

Here is a common problem to look out for in easement trees, which often have not been maintained carefully -- a weak fork with what is known as "included bark." This makes a tree very likely to split during high wind, ice load, etc. Many people like the graceful appearance of a forked or multi-stemmed tree. It seems insignificant when a tree is young; but this is when a little preventive pruning can make a lot of difference. If you ignore it, you may find out too late that this is one of the most serious structural problems a tree can have. ../UFMisc/3Split.jpg

 
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Copyright © 2004 The City of Huntsville, Alabama 10/05/04