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

Answers:

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.


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