State of Maine

We have a neighbor with a house to the East of ours. She has an additional piece of property behind ours that although it connects to her own property, has a right-of-way on the west side of ours. This right-of-way is 16.5' wide and completely wooded. A few days ago she sent someone in & they started cutting the trees down. She had not mentioned anything to us in the last three years about doing anything with this access, so we were surprised to wake up to the sound of a chainsaw. She told the friend that is clearing the land that she would pay him with the wood he cuts.
My question is if she is required to let us know in advance if she plans to cut the trees in the right-of way (or do anything else for that matter) & also as to who owns these trees? It is common courtesy to inform us someone will be cutting trees on our property even if it is their r.o.w., but is it also the law?
She has stopped the cutting at this time until we find out what the law is in this situation.
Another concern we had was liability if the person our neighbor had clearing the land was injured. What would your suggestion be on how best to handle this if the clearing is allowed to continue?

Thank you for the information.

She has the right to remove the trees for access. The trees are yours if you want them.

She probably has the right to remove ONLY the trees that are impeding her use of the easement.

Further . . . the trees are not her property. The removing of the trees and conversion into payment to a third party are questionable.

If these trees have "value"(like in timber value), which was compromised by short-cutting, you might seek damages for that value, since she may have impeded your harvesting of your crop at timber-value.

Also, you might want to see the actual verbage of the easement. You don't say how old the easement is or whether or not she might've abandoned her easement.

If you're interested, you should get copies of the easement(as it is in all deeds from it's inception), take a few pictures, and see an attorney.

In short, it's your property and she should've informed you about her intentions.


John Francis, P.S.

I suggest that you consult a real estate attorney as well as read up on how right of ways operate in your county, as that varies from place to place. Rights of way easements allow access, but whether or not it would include chopping down trees in excess of what would be needed for access for reasons like having a view may be an abuse of the right of way. And from what you are saying it seems unclear as to why the trees are being chopped down since it is possible the reason given is not the reason for the action.