If you are in New York City, you can also call 311. While the neighbor’s have the right to prune branches hanging over their property line, the branches create a nuisance. Unfortunately, system outages can impact the reliability of New York State’s electric power grid. There are numerous laws on cutting down trees which can vary by municipality, where the tree is situated on a particular piece of property, and how old and/or healthy the tree may be. Liability does not apply automatically; the City must have had actual or constructive notice of the dangerous condition. Otherwise, a permit would be required to injure or destroy the tree. From the NYC Department of Parks and Recreation: Since 1996, Parks has pruned established street trees on a neighborhood–by–neighborhood basis. The state of California has specific laws regarding the removal of protected trees and also enforces tree-trimming regulations between landowners on neighboring properties. In a city of over 8 million people where there seems hardly enough room for the people, let alone the trees, Mayor Michael Bloomberg recently announced a plan to plant a million new trees in the city. Where a tree on private property is protected under the provisions of the Private Tree Bylaw, pruning of the tree is permitted provided the pruning is in accordance with good arboricultural standards. Local NYC Tree Services Google Chrome, However, it can be difficult to prove your neighbor's intentions, so you should also check with your city, neighborhood association, and relevant covenants, conditions, and restrictions for local rules regarding fence height, materials, and aesthetics. In New York, a spite fence is one that exceeds 10 feet high and was built to block your enjoyment of light or air. However, the law also states that if a homeowner trims branches on a tree and that causes damage to the overall health of the tree, that person could be liable, and might have to pay to replace it. Read on to learn about property line and fence laws in New York. It is advised that individuals check local laws before any tree trimming or cutting takes place. If you do harm the tree, you could be found liable for up to three times the value of the tree. 1. We recommend using In New York State, if a tree extends onto your property, you have a right to cut that portion of it, so long as you don’t encroach on your neighbor’s property. Doing any of these things without a permit is considered a misdemeanor that could result in a fine of $15,000 and a year in jail. The Department of Parks and Recreation conducts routine pruning every year on a portion of City trees in each community board. Trees might seem especially rare and precious in New York, but unlike many suburbs, the city generally imposes no restrictions on its residents’ removal of them. It is not lawful for residents to remove trees on their own without a permit, but the New York City Department of Parks and Recreation has made it fairly simple to request a removal. This includes curbside trees located in front of private residences, including an area within 50 feet of the tree. Call NYC Tree Pro at 212-574-4699, Your local NYC Tree Experts Providing Tree Removal Services in NYC. However, if your neighbor refuses to trim their hazardous tree, you have serious concerns about the maintenance of a division fence, or any other neighborly dispute, you may need professional legal help. You may not go onto the neighbor's property or destroy the tree. The new legislation called, "Private Property Rights," allows property owners to remove, replant, prune, or trim a tree without approval from their local municipality. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. Regarding trees on city property, there are a couple of ways to request that a tree be removed. By law, you have the right to trim branches and limbs that extend past the property line. But a new state law, in effect since last summer, says all … Although the base of a tree may be in your neighbor's yard, when branches, limbs or roots cross over the boundary line, they may constitute a nuisance. New York state law does not actually say much about these division fences, except in the context of more rural residents such as farmers and ranchers. Under New York State law, the property owner could very well be liable if he has received actual notice of a dead or decayed tree, and does nothing to remove or repair it. The City has a duty to maintain its roads in a reasonably safe condition and that duty includes the trimming of trees to assure visibility. Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. DiSanto v. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. For years, cities and counties required property owners to pay a fee and get a permit to remove or trim a tree. Before felling a tree of any kind, many California municipalities require permits or special permissions in accordance with town and city ordinances. A qualified tree expert should always be retained to carry out tree pruning. In addition to state and local laws governing tree removal, the common law, or decisional law established by New York courts also governs tree removal. In fact, fences and other boundary concerns are a common cause of neighbor disputes which can become very contentious. Reporting of tree stumps is recorded by the city, but they are not automatically removed. However, if you don't keep animals on your land within five years of the construction or repair of the fence, you're not responsible for it. Property Line and Fence Laws in New York: Related Resources, Have an Attorney Help You with Your New York Fence Law Issues. Search, Adjoining landowners must make and maintain a just and equitable portion of division fence unless both agree to let lands lie open, Owner who does not keep animals on land within five years of construction or repair of division fence not obligated or liable for division fence, Disputes to be resolved by town fence viewers, Must repair fence destroyed by flood or other casualty within 10 days of receiving request to repair, Owner or lessee who erects fence or fence-like structure exceeding 10 feet in height in order to exclude neighbor from enjoyment of light or air may be sued for private nuisance, May trim branches extending onto your property but may not cut down or damage tree on neighbor's land. Please try again. Simply copy and paste the code below into your web site (Ctrl+C to copy) It will look like this: 5 Tree Laws You Should Know Trees obstructing traffic. Understanding New York Tree Laws & Premises Liability for Homeowners In this case, the law is clear. By contrast, tree removal in New York City just requires a permit from the parks department. More about Daub and his work can be found on his website, www.RichardDaub.com. Tree Rights If you found this page useful, consider linking to it. Find a New York real estate attorney near you to learn more. Visit our professional site », Created by FindLaw's team of legal writers and editors New York City does not claim responsibility for trees that are located on or have fallen... Reasons to have a tree removed. In recording the site of a tree stump, the location is also added to the list of possible sites for new tree planting by the city. A series about the rules and regulations of street tree planting, pruning, and removal in New York City. Our partner organization Trees New York certifies residents as volunteer Citizen Tree Pruners who are allowed to prune street tree limbs in accordance with City regulations. Another area of concern among homeowners is tree trimming. For example, "It is the purpose of this ordinance to promote and protect the public safety, and general welfare by providing for the regulation of the planting, maintenance, and removal of trees, shrubs, and other plants within the city of Pleasantville." And although many of the applicable laws are actually governed by individual cities and neighborhood associations, there are some statewide rules you should know about. While you can trim the branches of a tree that extend onto your property, you may not trespass on your neighbor's property or cause damage to or kill the tree. You must each take care not to take any actions that will damage the tree as a whole, such as digging up the roots or putting down dangerous chemicals that could kill the tree. A Tree Permit is not required in order to prune a tree, as long as the pruning is done in a manner that does not harm the tree. The email address cannot be subscribed. While intentionally damaging a tree is a crime in some states and can result in arrest, jail, fines, and other penalties, there is no New York criminal statute on causing intentional damage to a tree. Are you a legal professional? If you do damage the tree, your neighbor can sue you for triple the stumpage value of the tree. Adjoining property owners frequently encounter overhanging branches from a neighbor's tree, hedge or other vegetation. Tree Trimming, Tree Removal and Vegetation Management. Contact NYC Tree Company for your tree care and tree service needs now. Richard Daub is a professional journalist based in New York City and the author of three books: "Pork Chops and Subway Cars" (a collection of essays); "Above the Glamour" (a biography); and "Circle in the Weeds" (a novel). However, the law only allows tree trimming and tree cutting up to the property line. New York City does not claim responsibility for trees that are located on or have fallen on privately owned property. 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