Legal Question in Real Estate Law in New York

I live and own the home I grew up in (30+years). Before I was born our next door neighbors, who also lived in their home for many many years planted a line of hedges to divide our properties and they always took care of the hedges because they planted them and they are on their property. About 5 years ago those neighbors who were elderly sold their home and therefore we had new neighbors. One day I took notice that the new neighbors who purchased the home refused to care for the hedges properly. They would trim the side that faced their property but not the side that faces mine and I refused to do so. I had a few conversations with them to no avail. Recently the neighbors who refused to trim the hedges decided to sell the house and move. Again, these neighbors are taking care of the side that face their property and not the side that faces mine. I can\'t stress enough how these hedges have overgrown and are taking away from my property. They are taller then my home and I am losing land! My question is do landowners have a legal responsibility to care for hedges that are on their land?


Asked on 7/29/09, 11:26 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Neighbors must care for growth on their property. I suggest you do two things: (1) check local ordinances to see if there are any that cover this situation and, if so, call the local official in charge to enforce the ordinance, and (2) if the growth has taken over your property line, write your neighbor, by certified mail, return receipt requested, informing them of the situation and giving them a reasonable time to correct it - if they refuse, your recourse may be self-help and billing them for the costs you incur.

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Answered on 8/03/09, 11:37 am


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