Legal Question in Real Estate Law in New York

Neighbor cuts my tree down

My neighbor across the right of way, had their insurance company pay to have my tree cut down after a tree on their property fell on their house. My tree was a healthy big tree with branches over their house but not many, nor threatening. Please help


Asked on 5/22/03, 3:59 pm

1 Answer from Attorneys

Arnold Nager Arnold H. Nager, Esquire

Re: Neighbor cuts my tree down

You talk about "right of way" and I'm not clear what you mean by that.

A tree on your property is yours. A neighbor may trim branches over the property line but, absent permission from you, has no right to cut down the tree.

Write a claim letter, demanding the value of the tree, (replacement cost), and then, if he fails to pay, sue.

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Answered on 5/22/03, 5:26 pm


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