In New York State, if a tree extends to your property, you have the right to cut that part down, as long as it doesn't invade your neighbor's property. Your neighbor would need to prune the overgrown branch only if it poses a hazard to your property, said Peter R. Massa, Manhattan real estate lawyer. As a subscriber, you have 10 gift items to give away each month.
Anyone can read what you share. While we were away, our neighbors in Dyker Heights, Brooklyn, cut the branches that hung on their property from a tree in our backyard. We have a decent relationship with them, but they didn't say anything about it until we mentioned it. Then, when we were absent again, they cut down the tree in our front yard.
In both cases, they cut regardless of what the trees look like or if they would grow back. If they had asked us, we would have pruned the trees. Can we do anything? I know they can cut back what's hanging on their sides, but they could destroy trees. The owner of a property can cut the branches that hang on his property.
So, if your neighbors didn't break in without authorization or cut branches on your property, you have little legal recourse, said Bruce A. Cholst, Manhattan real estate lawyer. However, if you have exceeded these limits, you have some legal options. We'll get to them in a moment.
Poor pruning can damage or kill a tree, posing a safety hazard. An arborist or horticulturist should examine trees. As for your legal options, if neighbors enter without authorization, you can sue for damages and seek a court order prohibiting further intrusions, Sr. You can also sue for damages if the actions of neighbors damaged or killed a tree, even if they never set foot on your property, said Ingrid C.
Manevitz, partner at the Schwartz Sladkus Reich Greenberg Atlas law firm in Manhattan. But the demands are costly and uncertain. And while a lawsuit would damage your relationship with your neighbor, it wouldn't repair your tree. Most real estate lawyers, brokers, and appraisers would agree that trees generally enhance the beauty of a property and therefore increase its value.
In addition to looking good, trees stabilize steep slopes, reduce erosion and sedimentation caused by stormwater runoff, and provide shade, which can significantly reduce electricity bills for air conditioning during the hot months. State, local and customary law regarding tree removal, illegal entry, nuisance and neglect Tree removal is also regulated by local municipalities. If a tree exceeds a certain diameter at chest height, a local permit may be required to remove the tree. However, if a tree poses a hazard to a structure, local law may include an exception that allows that tree to be removed without a permit.
Homeowners should consult an attorney before removing any large tree or tree specimen that, if found to violate local laws, could result in substantial fines. Coppola, 102, various, 2x 1043, 424 N, Y, S, 2x 864, affd. The Parks and Recreation Department is not responsible for any tree found on private property. If a privately owned tree falls on private property, it is the property owner's responsibility to take care of it.
Homeowners should consult with an independent garden contractor to arrange for the removal of trees or tree branches on private properties. If a neighbor's branches or tree roots are invading your property, notify the tree owner so they have a chance to correct the problem. If the tree owner does nothing, the invading tree can be trimmed to the property line, as long as it doesn't cause permanent damage to the tree. The owner of a tree that invades someone else's property may be responsible for damage if the tree falls and damages the property of neighbors and the lack of maintenance of the tree contributes to the damage.
If the owner of a tree allows a tree to grow to uproot a border fence, it would be considered an invasion of an adjacent property and the owner of the tree would have to remove the offending tree. The local cable and utility company, such as Con Edison, will also regularly inspect and prune trees to keep them a safe distance from overhead power lines. Homeowners are responsible for maintaining the sidewalk in front of their property due to damage that may result from the planting of new trees or from the roots of existing trees. By virtue of a negligence action, the same court in Ivancic held that liability will lie with the owner of a land whose tree falls outside his premises and causes damage if there is “real or constructive knowledge” of the poor condition of the tree.
The Court of Appeal ruled in early 1985 that a neighbor who allows a healthy tree to grow naturally and cross into the airspace of the owner's adjoining property “cannot be considered an intentional act to constitute an offence because tree branches that stick out are not an intentional invasion of contiguous property. In addition to state and local laws governing the felling of trees, the common law or decision-making law established by New York courts also governs the removal of trees. Citizen Certified pruners, who are trained to prune light trees by Trees New York, are authorized to prune small branches that can be reached from the ground. The footprints of the parks, the trees that have been pruned in the last six months, as well as the trees that are going to be pruned here.
Even though the tree trunk is on your neighbor's property, anything from the tree that falls on your property is your responsibility. Trees whose trunks are within the boundary of your property are considered part of your property and, therefore, your responsibility. This work may include pruning before the next scheduled cycle, fertilization, spraying for insect and disease control, planting, installing decorations, installing tree protectors, and removing or relocating an existing tree. In the rare event that the tree trunk is right in the middle of the boundary between you and your neighbor, then it will be a mutual responsibility to take care of the tree.
IT'S SCANDALOUS that New York City plants trees that commercial and apartment building owners don't want, and then refuses to restore and pay for the resulting sidewalk damage, ultimately due to the growth of tree roots, and then also refuses to pay for personal injuries to people, caused by trees, unwanted by homeowners. First of all, the 600,000 trees you mentioned are actually close to 700,000 right now (679,160, based on the most recent figures on the Parks Street tree map in New York). . .
Leave Reply