Legal Question in Civil Litigation in New York

At common law, adjoining property owners are permitted to trim tree branches and roots which encroach onto their property from a neighboring property ( see 1 N.Y. Jur 2d, Adjoining Landowners � 57; 2 CJS, Adjoining Landowners � 62). However, the right to self-help is limited, in that an adjoining landowner's right to engage in self-help �does not extend to the destruction or injury to the main support system of the tree * * * � (1 N.Y. Jur 2d, Adjoining Landowners � 57.; see also 2 CJS, Adjoining Landowners �� 62, 65-67). See also, Fliegman v. Rubin, 1 Misc.3d 127(A), 781 N.Y.S.2d 624 (Table), 2003 WL 23119691 (N.Y.Sup.App.Term), 2003 N.Y. Slip Op. 51542(U).

In your particular case, and as you noted, you are able to trim the branches. However, you are not entitled to cut down the tree.

Mike.

The trees would constitute a nuisance, particularly if they are danagerous and have caused or are likely to cause damage to the windows or your house. That would be grounds to obtain an injunction, forcing your neighbor to remove or replant the trees further away. It really depends on how serious a problem they are, which of course will also determine whether you wish to spend money on legal fees. If your neighbor retains an attorney and contests this, it could easily involve several motions and an appeal, with court appearances, translating to 5,000 to 10,000 in legal fees.