What options do I have as a neighbor without my permission instructed a tree service which cut a large tree on my property.

Asked almost 2 years ago - Mount Kisco, NY

I have stopped the tree company from working further , although they had already taken down the entire top of the tree. The tree company did not have a local permit and had earlier cut down another tree in the landscape buffer zone . Both trees had a diameter of over 2 feet. The neighbor had earlier spoke to us about finding the property boundary and gaining our approval. Subsequently they did not return messages on either aspect. At no time did we agree to cut any healthy trees.

Attorney answers (3)

  1. Eric Edward Rothstein

    Contributor Level 20

    3

    Lawyers agree

    Answered . You can report this to the Town and see if they do anything such as issue a violation. You can also sue but I don't know what the value of a tree may be. Perhaps you can convince the neighbor to plant a new tree.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. Michael T Millar

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . I agree with Mr. Rothstein. You could sue - but given the amount in dispute - you might be better offer requiring the neighbor to plant a new tree.

    A neighbor has not right to enter your property or cut down trees on your property.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more
  3. Peter Klose

    Contributor Level 5

    1

    Lawyer agrees

    Answered . The only think I could add is that there is a NYS law that would triple the "damages" related to removing the tree. Environmental Conservation Law.

    You should seek specific advice about specific problems because legal analysis takes time and may change if the... more

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