Legal Question in Civil Litigation in New York

Dual property tree maintenance

If at tree borders 2 properties and one owner wants to have the tree cut down because of the danger of the dead limbs falling off and causing damage, the other owner doesn't want the tree cut down, can the first owner have the limbs cut off his side of the property with no legal action taken by the other owner, And if the yes and the limbs cut, unbalance the trees weight distribution where the tree might fall on the other owners property is the owner that trimmed his side responsible for the tree falling on the other property??


Asked on 6/07/06, 4:24 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Dual property tree maintenance

You may want to negotiate this out with your neighbor. If not, you may need to hire an attorney at a cost to you, to fight it out.

If you would like, give me a call to set up an appointment; I am in northern New Jersey. The consultation may be free, speak to me and I will let you know ahead of time. I will do what I can to help you out.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 6/07/06, 4:38 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Dual property tree maintenance

In New York the answer would be that you need to take reasonable care not to damage the neighbor's property; if he does not want to spend the money or trim the tree, but you are willing, hire a competent and insured tree surgeon and get a quote.

Make sure he understands the situation.

I can't imagine that you won't at least be able to improve the situation, on one side only;

but if he says he can not do it properly on only one side, without endangering the other, you should tell your neighbor.

In the meanwhile, have him trim the dead wood away.

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Answered on 6/07/06, 5:52 pm


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