Legal Question in Civil Litigation in New York
My neighbors bamboo is now over 40 feet into my property. They suddenly deny its theres but its in all the yards arounds theirs , she uses it for gardening n makes soup. What burden of proof should I provide for a law suit and what kind of atty do i hire. Its come up in my pool & is now in my foundation we backhowed it ten years ago but i cant afford to keep doing it they have got to pony up the money. help
1 Answer from Attorneys
If the bamboo tree is within their property line, your neighbor owns it. You may also check with your town or village hall to inquire about ownership. In some jurisdictions, all trees and shrubbery within a certain feet from the curb is local government property, requiring their maintenance and upkeep.
Upon discovering ownership, you may write a letter ( preferrably by certified mail RRR) to your neighbor demanding that they abate the nuisance within thirty (30) days. If they fail to remove or trim the tree, you may go ahead and hire any attorney that specializes in civil litigation.
You may take photographs of the tree; obtain a survey of your mutual properties through Town Hall indicating the location of the tree, and any out of pocket expenses you have incurred as a result of this nuisance and proceed to small claims court to seek out of pocket expenses.
Please be forewarned that the Small Claims Court does not have jurisdiction to force the neighbor to take down the tree, but they can award money damages.
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