My tree on neighbor's property

[donella33]

What is the name of your state? New York

12 Years ago, one of my trees was planted just over the property line on my neighbor's property. He now wants to cut the tree down. Do I have any squatter's type rights that would prevent him from cutting it down? Someone told me that if it was there for 10 years, he couldn't cut it down.

 

[shortbus]

It's not quite that simple. But you may have a legitimate adverse possession claim (giving you ownership of the land under the tree) or an easement by prescription on his land (giving you the right to leave the tree where it is, but he owns the land)

Consult a lawyer. In the meantime, advise your neighbor that if he's wrong about his assessment, he will be liable to you for destruction of property. Perhaps this will induce him to think twice.

 

[PghREA]

Check with an attorney - but I think if you planted a tree on your neighbor's property - it's your neighbor's tree.

 

[atxcoolguy]

if you really want to save the tree you should climb up it and live up there like one of those activists.