Legal Question in Real Estate Law in New York

home improvement disagreement

Currently own a home with spouse. Spouse wants to cut down

some trees on our property. I do not want to cut down the trees, believing that it would harm the value of the property. Do both parties have to agree to something that will irreparably change the property?

How can I stop the cutting down of these trees?


Asked on 5/10/06, 12:48 pm

2 Answers from Attorneys

W. ADAM MANDELBAUM W. ADAM MANDELBAUM

Re: home improvement disagreement

The only legal solution to the problem is to seek a restraining order preventing your spouse from cutting down trees--not a great boon to your marriage, however. Perhaps a little input from appraisers and real estate brokers in the Farmingdale area might help her see the forest for the trees. For NY Law and Court forms go to

http://justiceneversleeps.net

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Answered on 5/11/06, 1:04 pm
Michael Markowitz Michael A. Markowitz, PC

Re: home improvement disagreement

This is more of a domestic relations matter than a real property matter.

I would suggest that you go to your spouse with specific information (articles, testimonials, etc.) explaining why cutting down a tree may lower property value. At the same time, your spouse should also come with specific information as to why spending the money to cut down a tree on the property is beneficial to the property. Try to compromise. Maybe not all the trees have to be cut down. You may want to discuss the problem with a family friend or clergy to solve the problem.

Legally, a partner (domestic or otherwise) may act in the best interest of a partnership.

Mike.

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Answered on 5/10/06, 2:29 pm


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