Though innocent enough at first glance, your neighbor’s overhanging tree branches pose a nasty problem if not properly dealt with. Not only can they be obstructive and messy by blocking sunlight and dropping branches, twigs, and other debris, but they’ll cause some genuine damage to your property in the event of a storm. Before reaching for your pruning shears, consider professional tree trimming services to manage this common occurrence with precision and care, while staying within legal boundaries.
Assess The Situation
It’s important to properly assess the tree’s condition and determine its short-term and long-term effects on your property. Measure exactly how much of the branch has grown onto your property. Does it pose any immediate risks that need addressing (e.g., damage to property, falling leaves and branches, or blocking light from your garden)? How is the tree’s health? Does it look sickly or rotting? If so, removing it as soon as possible may be essential, as their instability makes them prone to losing their branches and causing damage. Backyard gardens may also be at risk, since sick trees may carry parasites and diseases that could be detrimental to the health of your yard.
Know The Law
There are several rules and regulations in place for handling neighbors overhanging branches. Knowing the law will ensure you handle the situation while staying within legal bounds and understanding your rights enables you to take action while maintaining good neighborly association.
Right To Trim
The property line rule in New York permits property owners to trim any parts of a neighbor’s tree that grow onto their property so long as they do not go past the property line. While you have the right to trim, you must do so without damaging the tree. If damage is done, you can be held accountable for the damage done. This law preserves the trees’ integrity while maintaining you and your neighbor’s property rights.
Nuisance Law
New York’s private nuisance law applies if a tree is causing significant disruptions to your property. This applies to issues like blocking sunlight, dropping branches or other debris, or causing physical damage to your property. If these problems are severe enough, you have grounds to claim the tree as a private nuisance. Doing so may include seeking a court order to trim the offending branches or in extreme cases, remove the entire tree. It’s important to know that nuisance claims require substantial evidence, so seeking legal advice is strongly recommended to navigate this process.
Tree Ownership and Liability
Determination of tree ownership depends on where the tree’s trunk is located. If the trunk is entirely within the bounds of a neighbor’s house, they are responsible for its maintenance and any damage the tree may cause. This includes situations where overhanging branches fall and harm your property, especially if the tree is known to be in poor condition. However, if a tree’s trunk lies directly between you and your neighbor’s property, the tree is often considered jointly owned. This implies a shared responsibility for any potential liability, making it crucial that both parties collaborate on managing the tree’s health and safety.
Tree Preservation Laws
Certain trees may be protected under preservation laws, especially those deemed valuable for their age, species, or location. This restricts actions such as tree pruning and other alterations without official permission. These laws are in place to conserve important green spaces and preserve wildlife habitats.
Emergency Situations
Immediate emergency action including removing hazardous branches or trees, is recognized by New York law as necessary if the tree poses an immediate threat. While emergency actions are usually justified, hire a professional arborist to avoid disputes or insurance claims.
Hire A Tree Removal Service
Hiring a professional tree removal service is a viable option when the job is too much to handle. Otherwise, you risk harming yourself and possibly the tree in the process. Improper pruning could make the tree unstable and susceptible to disease, leading to future issues. Schedule a time that you or someone you trust will be home and would be most convenient for the service to come and perform their work. Be sure to remove any personal items from the working area to avoid damage and provide a safe working area for the crew.
Why Is This An Issue?
The simplest answer is location. When trees grow in a forest, they can grow freely; not much can stop them as they take root. In crowded cities, their growth competes with human infrastructure, causing them to grow in unusual ways to survive. This may be causing them to grow distorted or shallow roots, making them grow to excessive lengths in a desperate attempt to reach for sunlight.
When The Branches Are Cleared
When all’s said and done, this common home issue can start as a very manageable situation but can result in undeserved damage to your property if left alone. Whether you try to address the matter by yourself, or leave it to the professionals, prioritize safety and communication to ensure that a quick and proactive solution can be reached with positivity and respect.