Legal Question in Real Estate Law in New York

Re: Can I be forced to allow a tree in my yard to be cut down?

Generally, trees and other such things attached to the land do not become subject to removal by others, unless they become hazardous to others or another's property interests.

An old tree could have roots and limbs that extend to areas off the premises in such a way to create what the locals call interferance or hazard, even if you haven't noticed the problem.

However, you should be afforded and opportunity to remedy the condition before total removal of your trees.

But, it could be very costly.

Good luck,

Phroska L. McAlister,ESQ

Re: Can I be forced to allow a tree in my yard to be cut down?

I assume you have a "contract of sale" that you have signed agreeing to buy the property. In that case you do have an interest in the property and can stop the contractor.

You could advise the seller that if they allow the destruction of the tree they will be diminishing the value of the property and the contract will have to be renegotiated.

If this fails, you can go to court based on your equitable interest in the land and get an order to stop the contractor and business next door from taking down the tree. You would have to name the seller as a party because they also have an interest in the land.

Re: Can I be forced to allow a tree in my yard to be cut down?

While I concur with Proshka, more may be involved. Check with your community (Municipal Clerk) to see who actually owns the tree (you or the Town) and if there are any tree ordinances. In many instances, trees were placed by the Town, so although they might be located on your property, they belong to the Town. Also, many Towns have tree ordinances that prohibit trees from being cut except under unusual circumstanes, such as safety hazards. For example, I just had a neighbor lose a tree because it interfered with the line of sight and presented a traffic hazard. Also, if branches interfere with utility lines, all that needs to be done is cut the offending branches, not the entire tree. You need to do more research and then contact both the contractor and the utility.