Legal Question in Civil Litigation in New York

My neighbor removed branches from my apple tree without my permission. The branches hung over the fence a short way, but were not in danger of falling off and not large enough to cause any damage to his yard (they were over the bushes that grow next to the fence which divides our yards). He did not even speak to me to complain about them. I don\'t intend to sue but wonder if I would have a case for vandalism or something. When speaking to him I would like to make it clear that I could take him to court, if that is indeed the case, to discourage him from doing anything like this again.


Asked on 7/30/09, 9:11 pm

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

This is not a legal answer, but a suggestion.

If the neighbor removed branches without damaging the tree, why don't you thank him for the work but suggest that next time he talks to you about the problem. Why make an enemy out of a neighbor?

Mike.

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Answered on 8/05/09, 8:26 am
Debra Palazzo Law Offices of Debra Palazzo, LLC

Your neighbor has the legal right to cut branches that hang over his property.

You have no court case against him.

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Answered on 8/08/09, 11:42 am


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