If 2 trees on my property have grown through a chain link fence in my neighbor’s yard, can I remove these trees without my neighbor’s consent?

Get Legal Help Today

 Secured with SHA-256 Encryption

If 2 trees on my property have grown through a chain link fence in my neighbor’s yard, can I remove these trees without my neighbor’s consent?

Our neighbor never uses her yard. It’s completely overgrown. The trees are physically attached to the fence. The base of the trees are clearly on my side of the fence while the upper 2/3 is on her side.

Asked on February 10, 2012 under Real Estate Law, New York

Answers:

Joseph Gasparrini

Answered 9 years ago | Contributor

Yes.  Since the trees are growing out of your yard, they are yours.  In fact, it is probably a good idea to remove them since they have leaned way over into your neighbor's yard.  If one of these trees fell into your neighbor's yard and damaged their property, the neighbor might claim that you were responsible for the loss or damage.  Therefore, your intent to remove the trees is sensible given the manner in which they are growing.  A neighboring property owner does not have a right to prevent the adjacent owner from cutting down trees that originate on his own property.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption