Is there a law that requires me to notify a neighbor before trimming a tree that overhangs our common fence?

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Is there a law that requires me to notify a neighbor before trimming a tree that overhangs our common fence?

Asked on December 18, 2015 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Whose tree is it? If the tree (e.g. trunk) is on your side, you don't have to notify them or need their permission. If the tree is on their side and overhangs onto yours, you cannot trim it without their permission, but if the tree or any branches damage your property (e.g. fall on your garage or a vehicle), they would be liable for the damage if you'd asked to be allowed to trim and they said no.


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