Table of Contents
- My neighbour cut my tree in New York
- What happens if I cut my neighbour’s tree down in New York?
- If a tree is cut down on my property by a neighbour how much money should I receive in damages?
- If your property was damaged click here to see if you might have a case.
In New York, a property owner has the right to cut tree branches that extend onto his or her property. A property owner also has a common-law obligation to protect other property owners from imminent harm from trees and branches on his or her property.
However, it is illegal for a person to cut down a neighbour’s tree unless they have permission from the tree owner. If your neighbour cuts down a tree without permission, he or she may be liable to you for damages. However, you must prove that your neighbour maliciously damaged your property in order to recover damages.
My neighbour cut my tree in New York
Trees that fall on your property are your responsibility; however, if your neighbour’s tree falls onto your property, you are only responsible for the branches and the stump. If a healthy tree falls on your property after a storm, without any negligence on your part, you should check your insurance policy to see if it covers the cost of removing the tree.
If a tree from another property falls onto yours due to poor maintenance or neglect on the other property owner’s part, then he is liable for damages. If you and your neighbour cannot come to an agreement about who is responsible for the damage, you can file a lawsuit against him in small-claims court.
My tree branches overhang my property in New York
As with most legal questions, the answer is it depends on the facts specific to your situation. Generally speaking, in New York a property owner is liable for damage caused to another’s a property by trees or branches that overhang their land. In other words, you must keep your trees trimmed so that they do not encroach on your neighbour’s property. If you do not, your neighbour may cut off the offending branches and you could be held responsible for any damages caused in the process.
If there is a tree on your property that overhangs another’s property and causes damage (e.g., from falling limbs) you may be required to pay for those damages or pay for any costs associated with removing the tree if it cannot be done without damaging the neighbouring property. You are also responsible for maintaining hedges and shrubs on your property so that they do not encroach onto another’s property because of overgrowth or lack of trimming.
A good rule of thumb is to make sure you trim all branches and shrubs on your property so that they do not grow onto another’s land without permission. If you fail to trim them and they cause damage, you could be held liable for those damages in a court action.
My neighbour damaged a tree on my property in New York
In New York, a property owner is allowed to sue for the value of the tree plus an additional $3,000.00. This is what is called treble damages. The law states:
“A person shall not intentionally injure or destroy a grievously harmed tree, or intentionally sever branches or roots of such a tree, upon another’s a real property without first having obtained permission from the owner of such real property.”
People do not realize that their trees have value and are devastated when they find out their neighbours have been damaging them. If you have had neighbour damage your trees you can call our firm to help you assess your damages and sue your neighbour.
My neighbour’s tree roots or branches damaged my property in New York
The general rule of law in New York is that a landowner is liable for any injury caused by a tree growing on his or her land if the owner knows or has reason to know that the tree was in a dangerous condition. That means that a homeowner may not be liable if, for example, he had no idea that there were rotten roots under the ground or dead branches in the tree.
However, there are many exceptions to this general rule. For instance, some courts believe that it is not necessary to prove that the landowner knew about the dangerous condition of the tree if:
The landowner owns the property where the accident occurred; and
The property where the accident occurred is in a residential area; and
The person who was injured was on public property, such as a sidewalk; and
The person who was injured can prove that he was where he was supposed to be.
If you have suffered an injury because of your neighbour’s tree, it is important to speak with an attorney who understands these laws and can evaluate your case. An experienced lawyer will be able to tell you whether you have a legitimate personal injury claim against your neighbour.
Can my neighbour make me cut my tree?
Some cities have local ordinances that dictate what you can do on your property, but the trees typically fall under state regulations. In New York, for example, counties and cities have the authority to regulate trees as long as they don’t contradict the state’s regulations. If a local ordinance requires you to trim or cut down a tree on your property, you must obey it even if it doesn’t meet state requirements.
Generally speaking, however, local governments don’t care how high a tree is. Tree height may cause your neighbour to complain, but there are exceptions. For example, some counties require that certain types of trees be pruned when they reach a certain height.
In New York State, a neighbour has no legal recourse if your tree obstructs his or her view of the neighbourhood — even if your neighbour’s home is more than 100 years old and predates your tree. Even if your trees were planted with the express purpose of blocking an annoying neighbour’s view of the sunset, you’re within your rights as long as your trees are not actually touching your neighbour’s property.
How can I get my neighbour to cut his dead tree in New York?
In New York, you have three choices: You can be a good neighbour and do nothing, you can contact the city or you can sue. The first option is the easiest and for some, the most preferable.
Being a good neighbour means respecting your neighbour’s right to do whatever he wants with his property as long as it is legal. This can include leaving a dead tree standing until it falls on its own. It may fall on your property or it may fall on his property. The only thing that matters is that it does not fall on someone’s head.
You also have the right to cut any branches that hang over your property line. Beware of this if the tree is in bad shape; if you remove too many branches, you could cause the tree to lean toward your house or topple onto your yard. Either way, this could land you in hot water with your neighbour, especially if he sues you for damages or injury caused by a falling tree.
If it’s just a matter of aesthetics, then be patient and hope the homeowner does something about it soon. If he doesn’t, then consider one of the other options listed below.
What happens if I cut my neighbour’s tree down in New York?
If you cut down your neighbour’s tree in New York without permission, you are liable for damages to the tree even if it was overhanging your property. You are also responsible for paying for any damage the tree caused.
If a tree is cut down on my property by a neighbour how much money should I receive in damages?
New York law directs that a property owner found liable for cutting down a neighbour’s tree is responsible for paying the greater of two things:
1. The fair market value of the tree immediately prior to it being cut down, or
2. 3 times the cost of replacing the tree (including the cost of planting and care).
The better alternative for determining damages is usually 1 – the fair market value of your tree immediately before it was cut down. If you have any receipts from when you have had your trees professionally trimmed or pruned, those will be helpful in establishing the value. Otherwise, if you can find a local arborist to come out and look at the stump and tell you what he or she would have charged to trim that particular species, that should help establish damages as well.
New York Law (Sec. 253-a of the Real Property Actions and Proceedings Law) directs that landowners found liable for cutting down their neighbour’s tree are responsible for paying “the greater of three times the cost of replacing the tree or the fair market value of the tree immediately prior to it being cut down”.