Some damage is prolonged and fully foreseeable, such as tree roots damaging a fence.

Jun 08, Understanding New York Tree Laws & Premises Liability for Homeowners In this case, the law is clear. The oak is the responsibility of the present homeowner. While the neighbor’s have the right to prune branches hanging over their property line, the branches create a nuisance. Trees on Private Property Trees on private property may pose threats to public safety or other private property.

This section provides the authority to inspect private trees and require action by the owner to eliminate any problems, if necessary. T R E E S O N P R I V A T E P R O P E R T Y: At NYSDOT we realize that our roadways right of way passes a vast portion of private property.

Our goal is to maintain our roads while providing the highest level of respect to adjacent owners and their property. When it is necessary for work to be done on or along adjoining property, we will first. Aug 06, (1) If the tree trunk is exclusively on one property, the property’s owner can cut the tree down, even if the roots or branches extend to a neighboring landowner’s property (Civ. Code § ).

Denny sued, claiming that Jason had actual or constructive knowledge of the bees’ existence and aggressive behavior and was negligent in not removing the hive. As well, Denny claimed the bees constituted a private nuisance. The trial court granted summary judgment to the Jason. Dennis, feeling like he’d been stung again, appealed.

Nov 28, New York Property Lines and Tree Trimming Laws Another area of concern among homeowners is tree trimming. 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. A public nuisance interferes with or causes damage to the public in the exercise of rights common to all, while a private nuisance is conduct directed at a single person, or a few people, which interferes with that person's use or enjoyment of his land (Copart Industries, Inc.

v. Consolidated Edison Company of New York, Inc., 41 NY2d