Legal Question in Civil Litigation in New York

Neighbor Tree haning over property line
My neighbor has a tree that is about 60feet high and it hangs over my property line. I have called in tree companies for prices on cutting back the branches that hang over my fence but they need his permission to climb the tree which is on his property. I have talked with the owner of the other property who happens to be an absentee landlord and he is refusing to let me have this work done. This tree has caused damage and inconvenience to my home and property. Any advice would be greatly appreciated.

Asked on 5/20/09, 9:15 am

Mark S. Moroknek Kelly & Curtis, PLLC.

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Re: Neighbor Tree haning over property line

You might need to sue him. This situation is called a nuisance, and it actually is in more ways than one.

You would need to get an injunction forcing the abatement of the nuisance.

Answered on 5/20/09, 3:11 pm

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