Legal Question in Construction Law in New York

Tree Trimming and stump grinding of neighbors trees.

My fence is in need of replacement but I must firs trim my neighbor's trees and grind the roots to install a new fence properly. What is my legal right to do?


Asked on 3/23/07, 1:13 pm

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

Re: Tree Trimming and stump grinding of neighbors trees.

First question is, where are the trees? Whose property are they on? If they are on the neighbor's property, or whole or in part, you need his consent OR you need a court order allowing you to enter his property to do work on your property. You would need to engage an attorney to accomplish this, because the special proceeding required is not simple or easy to handle. If the trees are on your property, you're good to go. Make sure you are ascertaining the true location of the boundary from a proper title survey and not based on where you think you know where the line is. Lots of people get surprised when they find out where the line really is located.

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Answered on 3/23/07, 2:33 pm


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