need some advice

[poolintrouble]

I posted this earliar but didn't get any replies. I hope some one can get me some advice!
Our neighbor planted a row of poplar trees about 10' from our inground pool 3 years ago. They are now about 20' high! When he planted them he told me they were just "cover" for his fence. Then he told me he was told they would only grow about 12' high. Then he told me he would keep them trimmed low. He Lies!
Anyways, can I trim or even kill the roots on my property? Besides shading my pool, I am afraid his roots will grow under my pool. I heard salt water does a good job on poplar roots.
I am in NY.
Thanks

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

If there is any portion of his trees on your property, ask him nicely to remove it. If he doesn't within 2 days, you ask him to remove it again. If he still doesn't, you go to your city hall and ask to see if there is neighbor encroachment policy the city likes (i.e. do they encourage citizens to cut what is on their property)? You can do that no problem - because whatever is on your property that is his is considered a trespass.

Don't demolish his stuff on his end. Take care of your side and then contact your local real estate attorney who deals with encroachments and ask him/her to write a demand letter. Try attorneypages.com. You want to make it as legal as possible so he doesn't come back and sue you for his trees.
You bring a nuisance claim against him and say his trees (and his disregard for your requests) unreasonabley interfere with your use and enjoyment of the pool.
Hope this helps.

 

[Tracey]

Poplar trees get 50' tall! You can root prune all you like on your side of the fence. Rent a trencher & run it just inside your fence line, at least 3 feet deep. Then install a metal barrier underground to prevent the roots from growing back. It'll be a nice weekend project for you. Honest.

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[poolintrouble]

Thanks for the help. I know they get 50' high. The trees are all basically on his property right now. I am starting to get limbs overhanging though. I'll try a letter to him, but he probably will lie about it.