I purchased a home and lot in a new development. There is a drainage easement on the lot. The lot is wooded. At this time, the developer is putting in some drainage (detention pond) and is harvesting the timber on the lot. Who owns the timber on the drainage easement? May I claim compensation for the value of the timber?
Answer
Without reading the easement and the terms of the rights retained by the developer, it is impossible to answer the question.
However, it is likely somewhere in all the documentation from your sale the developer is allowed to remove the trees and need not compensate you for the timber. You can ask for compensation, but I doubt you will get any. Unless the value of the trees or the lumber value of the lumber removed for the easement is significant I doubt the matter is worth pursuing with legal counsel.
You might want to take the easement and other documentation to an attorney for a review to determine precisely what your rights are.
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