What can I do if my neightbors tree is severely bent and hanging over my property

Get Legal Help Today

 Secured with SHA-256 Encryption

What can I do if my neightbors tree is severely bent and hanging over my property

I’m afraid that if it falls it will damage my garage or possibly even injure me or my family, or worse.

Asked on September 17, 2017 under Real Estate Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If overhanging limbs are the problem, you can trim them back to your property line. However, from the way it sounds, that may not solve your problem if the entire tree is in danger of falling down. What you might be able to get help from a utility company if the tree is threatening to ripped out electric, cable or phone lines. Also, the city/county government may be able to step in and take action to make the owner (your neighbor) take care of such a dangerous condition. If that doesn't work, you can sue your neighbor. The legal cause of actio would be for "nuisance", since that the tree interferes with the use and enjoyment of your property. Accordingly, you can ask a judge to order that your neighbor remove the tree. At this point, you should consult directly with real estate attorney; they can best advise you further after having heard all of the details of your situation. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption