Google Chrome, 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). But a new state law, in effect since last summer, says all … 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. From outside of the city you can call 212-NEW-YORK. 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. 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. 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. Liability does not apply automatically; the City must have had actual or constructive notice of the dangerous condition. NYC Laws Regarding Tree Removal Tree removal on city property. NYC Tree Services 674 W 161st St. If you do damage the tree, your neighbor can sue you for triple the stumpage value of the tree. | Last updated November 28, 2017. Please try again. Adjoining property owners frequently encounter overhanging branches from a neighbor's tree, hedge or other vegetation. Unless the tree is posing a hazard to your neighbor’s person or property (yes, that standard is somewhat open to interpretation), the law does not require you to personally trim the branches or reimburse your neighbor for any expenses she might have incurred from electing to trim back the tree … 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. The new legislation called, "Private Property Rights," allows property owners to remove, replant, prune, or trim a tree without approval from their local municipality. 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." 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 Unfortunately, system outages can impact the reliability of New York State’s electric power grid. "tree lawn" means the land within which a tree is planted or is to be planted. New York Property Lines and Tree Trimming Laws. A series about the rules and regulations of street tree planting, pruning, and removal in New York City. It simply makes sense that a property owner should be responsible if he ignores a predictable danger. If you do harm the tree, you could be found liable for up to three times the value of the tree. 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. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Property Line and Fence Laws in New York: An Overview, A common question among homeowners is whether or not they and their neighbor are equally responsible for the construction and maintenance of a fence that sits on the boundary line between their properties. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Under the bylaw, landowners require a permit before they can remove trees from treed areas greater than 0.2 hectares (0.5 acres). More about Daub and his work can be found on his website, www.RichardDaub.com. 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. Read on to learn about property line and fence laws in New York. DOT, working through its own staff and contractors, cuts or prunes trees to address the following concerns: This includes curbside trees located in front of private residences, including an area within 50 feet of the tree. 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 clear statement of purpose or intent of this ordinance will help avoid ambiguity in interpretation. Fence disputes between landowners are to be resolved by town "fence viewers.". In fact, fences and other boundary concerns are a common cause of neighbor disputes which can become very contentious. Property Line and Fence Laws in New York: Related Resources, Have an Attorney Help You with Your New York Fence Law Issues. Find a New York real estate attorney near you to learn more. 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. To maintain an amicable relationship with your neighbors, you should always try to resolve these property questions through courteous communication. Internet Explorer 11 is no longer supported. You can also sue your neighbor for private nuisance if they build a "spite fence" on their property. Individuals that are uncertain as to how to properly prune a tree without harming it should contact a Certified Arborist (certified by the International Society of Arboriculture - ISA) by referring to the yellow pages of the telephone book under "Tree Service". New York Property Lines and Tree Trimming Laws Another area of concern among homeowners is tree trimming . No one is allowed to perform any work on a tree unless they are employed by Parks, are under a pruning or removal contract with Parks, or possess an official Tree Work Permit with expressed consent from our Forestry Division. In that context, neighbors must "make and maintain a just and equitable portion" of the fence, and an owner who does construct or repair a division fence can recover up to 20 percent of the proportionate cost from their neighbor. Removal of hazardous trees and limbs is one of the Department of Transportation’s (DOT) regular day-to-day maintenance operations. All rights reserved. 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. The chart below provides a summary of state laws related to fence laws in New York, including links to important code sections. 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