Who is responsible for removinga tree that is causing damage to a neighbor’s property if it is on the property line?

I have a tree on the property line (31 inches of the trunk on my side and17 inches on my neighbor’s side) that is leaning against my neighbor’ss house.

Asked on August 29, 2011 New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there is a tree straddling a property line between two different owners and it is causing damage to one property's structure, there is no obligation by either property owner to remove it assuming the tree was not planted by either property owner.

However, from a good neighbor relation, if one neighbor wants the tree removed due to a potential danger, the other neighbor should agree to have the tree removed and even offer to contribute a certain amount of the costs for its removal. That way any hard feelings by one neighbor for the payment of the entire costs of its removal will not be an issue later on.

Good question.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.