Asked on Nov 12th, 2017 on Zoning, Planning and Land Use - New York
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my neighbor has 2 hugh trees on her property very close to mine and I want to renovate my home but am afraid they will fall onto my house I have asked her nicely to remove them but she doesn't I already spent 1250.00 dollars in cutting branches but they still r there is their anything I can do to get her to cut them down
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Answered on Nov 12th, 2017 at 2:34 PM
Unless you can prove that your neighbor planted the trees to intentionally invade your property, or the trees are in danger of falling down because they're diseased, you can't force her to remove them. You can cut any branches, limbs or roots from your neighbor's tree that grow on, in or overhang your property, at your own expense- period. If in the course of your renovation you feel the temptation to "accidentally" damage the trees to the point they must be cut down, by invading your neighbor's property, don't do it. The law provides for triple damages against a person who unlawfully removes a tree by entering the property of another person, and the burden is on the person who removed the tree to prove they were authorized to do so. 

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