I own property with a chain link fence around it. My neighbor has a large tree that is growing near the fence

Question

The tree's roots are damaging thefence and the tree over hangs my yard and is very messy. I have asked him nicely to trim the tree back and as of yet he has done nothing. He's getting ready to sell his commercial property to the town for a new courthouse. Can I put a lien on his property to force him to do something about the tree.Any help or advice would be apprediated.

Answer 1

I don't know about putting a lien on the property- but you most certainly can sue him for the damage to yours. Check the local ordinances: I'm fairly sure there is something about it.

Meanwhile, yes, you do have the option of removing the part of the tree over your property.

Answer 2

Like everybody has said...what's hanging over onto your property, you can eliminate. Also, if the roots at the base are coming up and beginning to tear up your fence, I would grab a Sawsall and cut the roots back as far as possible. If it kills the tree or causes it to fall, then all of your problems are solved and he'd have to pay for a new fence if it gets damaged.

Answer 3

Get a chain saw. The part that overhangs on your property...bzzzz...its gone:)

Answer 4

Trim the tree yourself .

Answer 5

I have a similuar prob, my neighbour has 4 smallish trees in a very close area, the roots of these trees has now gone under the adjoining wall and is now pushing up my patio slabs at the back of the garden, also the trees are dead in someplaces and the debris falls in my garden and it is something i have to clear and get fed up of doing. As far as I am aware anything ur side of the garden u can cust down(i have taken branches off hanging over my side and so has the neighbour over the back) u then can throw the debris into the proprty of the person who owns it, as it is their tree it is up to them to get rid and if they dont ,if they dont want to get rid of the tree i dont think there is much u can do unless u can prove it is a damage to ur property(the roots casuing subsidence to house). when i do my garden i will be cutting away the roots under my garden to lay a new patio, for me the roots will grow back but it will take years and  hopefully by then i would have moved out. you can also take solicitors advice.

Answer 6

Be careful with cutting any of this tree.  I had two neighbors with the same dispute.  One neighbor took it upon himself to shave the tree that was on his side of the fence.  Also, trimmed back some roots.  He did what arborist called “lolly-popping” the tree.  Six months later the tree came down into onto his (the guy who cut the tree) house and did a huge amount of damage.  He tried to sue the other neighbor (who’s tree it was) but lost because he was the one that cut the tree and made it unstable.  It was unstable because he changed the weight balance of the tree and took away the root support.  He lost in court.  The proper thing to do was to have a professional trim the entire tree in a way that it maintained it’s “balance”.  

Always be careful cutting tree roots.  Here in NYC, there was a very tragic event a few years ago in Brooklyn where some joker cut some tree roots because they were popping up his sidewalk.  A week later the tree came down on a mini-school bus and killed three little kids.  He’s serving a 20 year sentence now.