• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Neighbor cit limbs off tree and threw them in my yard

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

debodun

Member
Neighbor cut limbs off tree and threw them in my yard

What is the name of your state (only U.S. law)? NY

A neighbor claimed that branches from a tree growing in my yard were getting too close to his house. He took a chain saw, cut off the branches and threw them in my yard. I confronted him and told him to dispose of the branches himself since he was the one that cut them. He said that since it's my tree, they are my branches and I'm the one that is responsible for their disposal. Who is correct?
 
Last edited:


Mass_Shyster

Senior Member
His right to cut the limbs comes from the fact that trees growing over his land is his property. Since it is his property, he is responsible for the disposal.

If it was your property, you could call the police and report the vandalism. It's not, so you can't. You may be able to call the police and report illegal dumping.

Or you could file a lawsuit and obtain a court order for him to remove the limbs from your property.

Or you could simply get rid of them.
 

csi7

Senior Member
I would take a picture of the tree, of the limbs in your yard to keep for future reference.
Depends on how your relationship with the neighbor is as to what will work the best.
If it's not a big deal, remove the limbs yourself. In our neighborhood, tree limb pick-up is included in our waste management contract. If you have to pay for the limb pick-up, then make a copy of the cost of the pick-up.
Yes, the neighbor is responsible for the limbs that come over on his side. However, make sure the tree is healthy and keep it trimmed evenly.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top