If 2 trees on my property have grown through a chain link fence in my neighbor’s yard, can I remove these trees without my neighbor’s consent?

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If 2 trees on my property have grown through a chain link fence in my neighbor’s yard, can I remove these trees without my neighbor’s consent?

Our neighbor never uses her yard. It’s completely overgrown. The trees are physically attached to the fence. The base of the trees are clearly on my side of the fence while the upper 2/3 is on her side.

Asked on February 10, 2012 under Real Estate Law, New York

Answers:

Joseph Gasparrini

Answered 12 years ago | Contributor

Yes.  Since the trees are growing out of your yard, they are yours.  In fact, it is probably a good idea to remove them since they have leaned way over into your neighbor's yard.  If one of these trees fell into your neighbor's yard and damaged their property, the neighbor might claim that you were responsible for the loss or damage.  Therefore, your intent to remove the trees is sensible given the manner in which they are growing.  A neighboring property owner does not have a right to prevent the adjacent owner from cutting down trees that originate on his own property.


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