My neighbor wants me to cut down a tree that has a branch hanging over into his yard. My understanding is that he can cut it on his side of the fence line, but it's not my responsibility to do so. Is that correct?
Several attorneys, myself included, answered a similar question recently here:
I have a friend who fell on a raised sidewalk a few inches from a tree well. we want to know whether we should sue the landlord or the city. but we don't know who owns the tree? how do we find out who owns the tree?
If you trip on a sidewalk within the five boroughs and injure yourself, the City is liable, but ONLY IF someone has previously filed a specific notice that a given sidewalk is defective and dangerous. There is actually a private company that goes around and files notices, so this sidewalk may be covered.See question
My property was completely destroyed by run off from a neighbor's field to the East. I lost a home, several ton of hay, etc. This landowner knew of the situation, had the means to help stop, or at least hinder, the flow of water, and chose to do n...
Usually, unless your neighbor impounded the floodwaters with an engineered feature that failed (berm breached, dam washed out, etc.), generally there is no liability when higher lands flood low lying lands. This may not be the case where there are government approved engineered features under the Clean Water Act that were part of a development permit that the neighbor had a duty to maintain, but this is generally not the case, except in new development. It's the general rule that there are no damages or duties at common law regarding a landowner controlling runoff or floods from his property.See question
My natural gas company sent me a letter stating that they thought my gas meter was misreading and wanted to fix it. They came in and replaced the meter. The next month, I got a bill for $500+ which they estimated 21 months of gas usage. This is on...
Yes, they can backbill under these circumstances sometimes, but you should call the consumer services division of the NYS Department of Public Service (aka Public Service Commission). You can get the toll free numbers from their website. http://www.dps.ny.gov
The PSC regulates gas and electric utilities and can prevent the utility from billing if it is not legit.See question
I bought the house before I was married and it's still only under my name. He doesn't pay for the mortgage and never have. I want him gone but he refuses to leave. Are there steps to get him to leave?
Commence an action for divorce which requests (among other things you may be entitled to) exclusive possession of the marital residence. Also, if the husband is abusive, call the police and it what he is doing is a crime (including harassment), you can get a "stay away" order of protection which will require him to leave and stay away from you entirely.
You should probably seek the assistance of a matrimonial attorney as well as a domestic violence counseling agency in your area.
Topic changed from real estate to divorce and separation.See question
We are looking to build on a lot that was split from an older home that was sold without regard to addressing the water and sewer lines that run through the lot we are working on. These water and sewer lines are very old and likely need to be rew...
If the other property owner's pipes have run across "your" land for over the state's period of adverse possession, they most likely have an easement, whether in a deed or not. You can move the pipes and provide for equivalent pipes, however that must be at your expense. You can't make the neighbor pay for the move or just dig up and not replace the pipes. You should discuss the factual details with an attorney to see whether or not the neighbors have an "easement by prescription".See question
In a bitter custody battle for my children. I am the father. The mother has been making false accusations continually and lacks credibility, sincere motive for custody, wants child support. She has stolen my mail, accused me of child abuse now jus...
You need to immediately discuss your mother's situation with her attorney and your attorney. It would be highly unusual for someone to be arrested for child abuse without a law enforcement officer having credible evidence of her having committed a crime, usually someone making a sworn statement that someone has done something (like having sex with or unlawful touching of a minor, or giving the child alcohol or drugs). Generally CPS investigations would not result in an arrest unless the report was "founded" and the abuse or neglect also constituted a crime. If the police have enough evidence that someone committed a crime, this is a serious matter and you can't get back at the accuser by claiming perjury. There is a separate crime for that if your mother is proven not guilty or the case is dismissed, which might be filing a false statement (the police report) which is a misdemeanor if proven. Generally if all there is is a CPS investigation, or the criminal charges arose out of a CPS investigation, you can't accuse the reporter of perjury because the reporter's identity will not be divulged to you or your attorney nor will you have the right to cross-examine that person in a trial.See question
do I need a lawyer to present me ?
You don't need an attorney, you just need to show up in Court on the date indicated with the documents specified in the subpoena and the custodian of records if it is not you.
You should probably run the subpoena by an attorney who represents you or the institution which owns the documents to make sure the subpoena is legitimate and there are no reasons to seek to abrogate ("quash") it.See question
I live in Pasadena california. I am the of oak tree owner. My oak tree branches hang over neighbors house roof tops. I understand neighbor has the right to cut tree branches hanging over their house roof tops without asking me. But neighbor is ...
You have to remove the branches which intrude into your neighbor's property and hang over his roof, possibly creating a hazard, at entirely your own cost. It's probably best for your tree maintenance to do that and comply with the law and do it properly.
You can probably do this on your own property, and often for large branches a crane or truck will come in to lower the cut branch with a rope so that it doesn't fall. If the branch were not trimmed and it fell on the neighbors house, you MIGHT be covered by your casualty insurance for property damage to another, but you might not be.
This would be in the small print of your policy and you should review your policy and see how it works. Generally damage to trees is not covered, but it might cover liability to another if a tree falling creates damage under the same clause that would cover a slip and fall injury to an "invitee" like a mailman or package delivery person on your property, but I wouldn't count on it.See question
The neighbors behind us repaired their fence last summer. they didn't discuss any of the plans for that repaired section with us. the fence is on the correct property line. there is no walkway, no road, no driveway, no easement involved, no past ...
It's hard to understand the features you describe without a diagram or property survey map, but if you are asking whether you can physically block your neighbors from trespassing on your property for any purpose, including dumping brush, the answer is probably yes.See question