Full question:
My neighbor has a tree that is hitting the roof of my house. I told him about this problem and told him I would pay for 1/2 the cost to have this part of the tree cut and any branches that will grow in the future cut. He agreed and said he would get someone to do this. Now he's changed his mind and he doesn't want to do this. Can I have the part of the tree that is hitting my house and that is way over the property line cut without getting his permission or getting into any trouble?
- Category: Trees
- Date:
- State: New York
Answer:
Property owners have a responsibility to prevent nuisances that may negatively impact neighboring properties. A nuisance occurs when there is a significant interference with the use and enjoyment of land. If a tree from your neighbor's property is causing damage or poses a threat to your property, it could be considered a nuisance.
The owner of the tree may be held liable for any harm it causes, especially if they fail to maintain it properly after being notified. If the tree is well-maintained and damage occurs due to a storm, the owner may not be liable. However, if the tree's branches encroach onto your property and cause harm, you may have the right to trim those branches.
Typically, you can cut branches that extend over your property line, but you must notify the tree owner first and allow them a chance to address the issue. You can only trim up to the boundary line and cannot enter the neighbor's property without permission unless there is an immediate threat of harm. Cutting down the entire tree or significantly damaging it is not allowed without the owner's consent. Local laws may vary, so it's advisable to check specific regulations in your area.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.