Legal Question in Real Estate Law in New York

A neighbor's tree right near my property line is destroying my fence. I would like him to remove it, so that I can replace the fence, but he refuses to pay to have it removed. What can I do?


Asked on 5/28/11, 2:18 pm

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

Assuming that the entire trunk of the tree is on your neighbor's property, the parts of the tree that are on your property--roots and branches--may be removed by you. You can then install a root barrier on the property line and replace your fence. If the trunk is on the property line, you will need a court order if you don't get permission, because in that case, both of you own the tree.

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Answered on 5/31/11, 7:55 am


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