Legal Question in Real Estate Law in New York

boundary tree ... what is the law?

My neighbor has stated he wants to cut down a boundary tree that is blocking his view - we live on a hillside overlooking a valley. The boundary tree is part of a forest that acts like a privacy fence for the inground pool my wife and I have. It is one of the tallest trees in that part of the woods. The tree in question has been surveyed and straddles a property line marked with pins. The property is posted against trespass according to DEC regulations due to his cutting of trees on my property two years ago. We sent a letter stating he could not come onto the property, nor damage any more trees on my property. We did not go to court to ask for damages for the lost trees - I am starting to regret that decision. Everything I have read on the internet says we jointly own this tree and neither of us can damage this tree without the other's consent. He has stated to joint aquatiances he is going to take the tree. What is the law on boundary trees and is there anything more my wife and I can do to protect our property? Thank you for your time.


Asked on 8/17/05, 7:40 pm

1 Answer from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: boundary tree ... what is the law?

Call EnCon to advise them..maybe they can "visit" him. Your legal recourse is too late of he cuts it down other than going to court to get an injunction now at a $ cost to you.

Good Luck

RRG

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Answered on 8/17/05, 10:20 pm


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