Legal Question in Real Estate Law in New York
Damage to trees on Property Line
A new neighbor asked permission to top trees on our property border line that straddles his. This was to allow some sunlight. 6 months later tree cutters came and cut the trees so badly (over 50% including the trunk) that they will either die from disease or decay.
The neighbor says I gave him permission, but we had discussed trimming and topping, not disfiguring and killing the trees.
What should I do?
2 Answers from Attorneys
Re: Damage to trees on Property Line
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Your neighbor has the right to cut any tree or part of any tree on his side of the property line.
Re: Damage to trees on Property Line
Get an estimate to replace the trees and get someone else with experince to review the cutting in order to lay the groundwork for a possible suit against the tree cutters.
Good Luck
RRG
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