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Great input Annie53. I'd ask the OP if he has even spoken to the neighbor yet. I find that many people make assumptions that neighbors aren't willing to work with them without even knowing them personally or even opening their mouth to ask. First step would be to speak to the neighbor respectfully as Annie53 suggested then go from there.
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Only on LI does this become an issue, Annie53got it right just trim the bottom of the fence to accommodate the root(s). Why escalate this into an episode that ends as a scene on Cops....
But what would be the worst case scenario if he cut the tree and it died? He would owe him damages for the tree? So what is a full grown tree worth? Isnt like you can put a price on a full grown tree.
Well I would say worst case scenario is the tree dies, collapses or limbs fall off, and somebody gets hurt or other property is damaged. Unlikely? Yes. Within the realm of possibility? Yeah, probably, I'm no tree expert.
RPAPL 861 allows for treble damages if you destroy someone else's tree, so if it were to go to court the court would likely attempt to determine a fair amount for the tree and then triple it (if the court found that 861 was satisfied). What would you value a full grown, healthy tree? At least a few hundred I would think.
This sounds like something that can be worked out with the neighbor and I hope OP is able to do so.
Only on LI does this become an issue, Annie53got it right just trim the bottom of the fence to accommodate the root(s). Why escalate this into an episode that ends as a scene on Cops....
I cant understand how this is an issue myself. Did the neighbor even planted the tree there or the creator did?
There is a tree smack dead is the middle of the fence on my yard. Only thing i did was cut the little branches off thats growing off the root. It has already deformed the fence so im going to shape the bottom of the fence to accommodate the root, and also modify the fence and make the tree part of the fence. I hate to see a house with no trees at all.
I cant understand how this is an issue myself. Did the neighbor even planted the tree there or the creator did?
There is a tree smack dead is the middle of the fence on my yard. Only thing i did was cut the little branches off thats growing off the root. It has already deformed the fence so im going to shape the bottom of the fence to accommodate the root, and also modify the fence and make the tree part of the fence. I hate to see a house with no trees at all.
The issue is that since the tree is compromising the fence, it is making the fence buckle and loosen. The neighbors have a few big dogs who jump on that part of the fence making it even more of an issue. But this all is stemming from the big roots of the tree lifting the fence up. Yea it would be a shame to lose that tree i am just looking to see my options and what is legal on my part.
If you cut the roots to the tree in such a way to kill the tree you technically could get sued. What type of tree is it?
Orthro groundclear is a good solution to pour but with you having dogs and they have dogs it is not a solution. If it is a pine tree. Nail cooper nails into roots on your side and pour a ton of salt on roots, it will kill them roots asap.
Or cut the roots and put cinderblocks, steell, etc, in the ground by roots and fill up.
Have you spoken to the neighbor? Maybe you could go dutch on the tree removal and fence repair/replacement
If you cannot amicably resolve the issue and it still bothers you, poison the damn tree and be done with it.
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