Legal Question in Personal Injury in New York
Are neighbors' leaves a nuisance when they are in my yard?
I bought my house 7 years ago. One of it's key points is that the yard has no leaf producing trees, just evergreens. I hate to rake. My neighbors upwind of me have several large maple trees. The neighbors have never raked their leaves, ever. They simply let the leaves blow into my yard, where they wind up stuck under my evergreen trees- which necessitates my having to rake them out and then mulch them up w/ my lawn tractor. I consider this a nuisance which prevents the quiet enjoyment of my property. Is there anything I can do? Would it be legal if I used a leaf blower to blow the leaves back to the neighbors' yard, and then wet them so they stayed put? Or, can the neighbors be forced to take care of leaf removal? I feel as though I am doing their yard work for free. Thank you for considering this issue.
1 Answer from Attorneys
Re: Are neighbors' leaves a nuisance when they are in my yard?
Think of this ... while it's annoying, by the time you blow them back, you'd have cleaned up your lawn.
To show the nuisance element, you'd have to show that they came from the neighbors...and which neighbor? ... Neighbor X cannot be responsible for Neighbor Y ... whose leaves are they?
While annoying, the simple, but not popular answer for you, is to leaf it alone.
Good Luck
RRG
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