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

UPDATED: Sep 17, 2017

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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


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

Answered 5 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. 

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