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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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My next door neighbors tree has overgrown to my property at

Resolved Question:

My next door neighbor's tree has overgrown to my property at the back of the house. I have spoken to him about it in the Fall and he agreed to get someone to take care of the tree. To date, he hasn't done so. I am really concerned right now with all the rain and summer is approaching. It is getting to the point where the tree branches could be potentially dangerous and damage my property. What legal course of action would be advisable?
Submitted: 5 years ago.
Category: Legal
Expert:  TexLaw replied 5 years ago.

Zachary D. Norris :


Zachary D. Norris :

I'd be happy to answer your question

Zachary D. Norris :

What state are you in?

Zachary D. Norris :

Did you tell me what state you were in? Your answer is not showing up on my end.

Zachary D. Norris :

Since I haven't heard back from you, I am switching over to Q&A format. Please let me know the what state you are in and I can give you an answer to your question. Also, let me know what is potentially dangerous about the tree.

Expert:  TexLaw replied 5 years ago.
I await your response.

Zachary D. norris
Customer: replied 5 years ago.

Sorry, I typed in my answer NYC...but you weren't able to view it.

Expert:  TexLaw replied 5 years ago.
Thank you. XXXXX you have the right to file suit against your neighbor for the claims of trespass and nuisance. In both of these claims, you would have to establish that the tree branches pose an actual imminent danger. This would require proof from an arborial expert who could come and talk about why the tree branches must be removed, etc. This is the limit of your claims at present until there is actual damages caused.
Another avenue would be to call the city and file a complaint. City code likely prohibits a party from allowing their trees to pose a danger to their neighbors. Please let me know if you need further information.

Zachary D. Norris
Customer: replied 5 years ago.
Thank you for the advice. How much would it be to start a legal proceeding against my next door neighbor and is it worth it? No one wants to be a bad neighbor. On the otherhand, our other neighbors have considered calling the city to file a complaint about this neighbor's house. His backyard has been falling apart for years and we think its a potential danger zone for anyone who passes and goes back there. Since we live in an area where we all have access to community driveway, its considered private property so would NYC actually address our complaint if one was filed? The problem for the other neighbors, is that one has to pass his house/back yard w/car to get to one's garages located in the back. If it is advisable to call 311, how should we describe the complaint to get it addressed on a timely basis?
Expert:  TexLaw replied 5 years ago.
The cost on filing a suit and getting it resolved would likely be a few thousand dollars, so this would be a judgment call on your part as to whether it is worth it. If the neighbor is not taking care of his property, it might indicate that he does not have the money to do so, so filing suit may not be the most expedient way of getting the matter resolved.
You need to contact the zoning department with 311 and ask the City if there is anything they would be willing to do about this. As it is on private property, the City will likely tell you that you have to file a civil suit to resolve the matter.
As there is joint property involved, you could also try to set up an agreement that you will handle the costs and the neighbor will repay you over time.
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