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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101730
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Nyc law. i have 3 trees on my property which fall in the

Customer Question

nyc law. i have 3 trees on my property which fall in the area of my nyc property survey which says that 7.3 feet from the street is restricted from use .who is resposible for the trees as one is lifting the sidewalk up
Submitted: 11 months ago.
Category: Legal
Expert:  Ely replied 11 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

If any trees fall unto one's private property, one can use self-help to remove the trees (i.e. cut them) up to the border line. One can also seek damages from the other party (in this case, the city) for the reasonable cause of removal if contractors were used. Even if there is a municipal statute of 7.3 feet from the street is restricted from use, this does not mean that the trees are free to overgrow unto one's property.

However, any "beautification" side effect to the sidewalk is coincidental and not basis for any judgment.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 11 months ago.

Is nyc responsible for maintaining the trees that are within that area ? Or am I responsible since the roots of one have pulled up my sidewalk and creates a trip hazard ..

Expert:  Ely replied 11 months ago.

Is nyc responsible for maintaining the trees that are within that area ? Or am I responsible since the roots of one have pulled up my sidewalk and creates a trip hazard ..

The NYC is responsible for maintaining whatever sidewalk is city property. They may maintain it; they do not have to. The NYC does not have to maintain your property even if its trees pulled up some of your personal sidewalk, but one can get a JUDGMENT against the city for what it would cost to get the private sidewalk back to the way it was.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.