Legal Question in Real Estate Law in New York

Neighbors Tree

Our neighbor has several trees. There are several in the back yard whose brnaches have grown well past our property line. One is a black walnut tree that drops thousands of black walnuts into our yard. Which has caused moles to be attracted to our yard causing damageand dead grass spots, squirrels use our yard as a ''cracking area'' leaving pieces all over, damage to lawn mower blades and countless hours picking up the mess. Another tree's branches have grown over top of our 2 pine trees, choked out the sunlight and now both our pine trees are dead. A tree in front has not grown onto our property YET, but its branches have grown into the wires that are strung from the road to our house, and are not lifting,pulling the wires (electric, phone, cable). When we first moved in and the following year we asked the neighbor to cut back his trees and he told us he was going to have them cut back &/or removed. It has now been four years and nothing has been done except for tensions and aggrivation rising. Can we take neighbor to court to have him pay have his tree branches cut from hanging over our property and cut from interfering with our wires ? Also would he also be responsible for having our 2 dead pine trees removed & replaced?


Asked on 11/18/07, 6:42 pm

1 Answer from Attorneys

Arnold Nager Arnold H. Nager, Esquire

Re: Neighbors Tree

You have the right to cut overhanging branches from your neighbor's trees up to your property line.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.

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Answered on 11/18/07, 7:29 pm


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