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Tree on property line ilegally trimmed by neighbor

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godiva009

Junior Member
What is the name of your state (only U.S. law)? New York - I live in NYC- brooklyn. My family has lived in the same house for 20+ years. I had a beautiful large tree (over 40+ yrs old and healthy) growing on the property line between my house and my neighbors. My parents owned this house and the tree was there when they lived in the house. I was out of town for a few days and came home to find that the tree had been destroyed. No exaggeration - it was trimmed to the point that NOT ONE SINGLE branch is remaining on the tree (this is way beyond what they call "topping"). Just the 15 foot tree trunk remains. Please keep in mind that this was a beautiful tree with a 50foot canopy!!! Not once did the neighbor contact me regarding her desire to prune or cut down the tree. The tree has basically been destroyed and left to die. This tree provided shade to my backyard which is now lost, and provided privacy between the two properties. Aesthetically what the neighbor did to the tree has certainly hurt the value of my house as well.

I know thats he had the right to trim the branches on her side of the property line, and i would have been fine with that howevr she cut every single branch on my property line as well. ALso, there is no way this tree could be cut like it was without someone being on my property to trim it. Of course no one received permission to be on the property or cut the tree.

Please note that an official survery hasnt been conducted on the property line by either myself or the neighbor. The tree is between the fence line of the two properties with the trunk literally growing between the fence.

What can i do?
Should I file a police report for property damage? or for Trespass?
Can i bring her to small claims court for the replacement cost of the tree and loss of use of backyard enjoyment ?
SHould i be asking this neighbor for something officially in writing as to why the tree was cut?

This neighbor has lived in her house for at least 10 years and I have never had any issues her. I am truly shocked that she did not even have the courtesy to tell me what she was looking to do with the tree. And I am truly heartbroken as it will take 25 years to replace this tree even if i were to plant one now. And the cost of a specimen of equal caliber to the one butchered is exorbitant Im sure, and not available.

Im JUST TRYING TO FIND OUT WHAT MY OPTIONS ARE.....and what documentation, pictures, filings I may need to get this resolved.

:( ideally the tree would be replaced but i know this isnt possible. very sad and upset.

I tried reaching out to the neighbor to find out what happened to the tree, but havent received a response back from him yet.What is the name of your state (only U.S. law)?
 


csi7

Senior Member
Before doing anything else, a property survey needs to be done to ensure where the property line is.
I accidentally mowed over a seedling tree that the neighbor claimed was on their property. A property survey revealed that not only was the seedling tree on our side, several other plants were as well. I removed the plants, and the neighbor replanted them on their side of the line.
Once you know exactly where the property line is, then you will be able to see what options you have.
 

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