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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34777
Experience:  16 years real estate, Realtor. Landlord 26 years
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Debbe, neighbors tree hanging over my property, also pine

Customer Question

Debbe, neighbors tree hanging over my property, also pine needles caused water damage in my basement and on the roof of my car. He will not cut down, can I trim all on my side
JA: Thanks. Can you give me any more details about your issue?
Customer: Sure I live in Brooklyn NY, It is a Pine tree located on the property next door, it is tremendous next to a garage where it blocks my sun, the pine needles fall off and have blocked my drain causing two floods in my basement, also the pine needles got stuck in my sun roof, causing damage, I also have a pool next to it, that the tree is destroying, my neighbor just moved and basically told me too bad. The house is up for sale, but not sold.
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Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Barrister replied 10 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question..If the tree is encroaching across the property line, then you have the legal right to cut the tree back to the property line as long as you don't kill it. What the neighbor is doing is trespassing on your property because the property boundary is a vertical plane as well as a horizontal one and if the tree crosses over, it is a physical trespass and you have the right to abate the nuisance..Further, if the tree is affecting your use of your property and damaging it with its needles, you could sue the neighbor for "private nuisance" and potentially force him to remove it entirely. A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation..So if the tree is causing you damages, you can ask a judge to issue an injunctive order forcing the neighbor to cut it down...thanksBarrister