Whose Tree Is It, Anyway?
A Flatbush resident recounts a tale of woe concerning her beloved oak tree. Her neighbor, a local temple, wasn’t fond of the tree’s branches. The rest in her words: “I came home today at 11 AM to find a whole crew of people all over my lawn and driveway chopping up the big huge branches…
A Flatbush resident recounts a tale of woe concerning her beloved oak tree. Her neighbor, a local temple, wasn’t fond of the tree’s branches. The rest in her words: “I came home today at 11 AM to find a whole crew of people all over my lawn and driveway chopping up the big huge branches they had already chopped off the tree. This seems very wrong. Shouldn’t they have at least asked me before climbing up the tree and chopping big parts off? This is a venerable old oak that has been here I am going to guess for more than 100 years. The deed was done by the time I got home — but they (the crew) were still out on my lawn, chain-sawing the branches into bits and pieces. Add this to the fact that the temple’s compressor runs loudly night and day — even when it is 55 degrees out and the temple has the windows open… And the senior center food garbage is a stinky mess that leaks out some pretty nasty luiquid onto the sidewalk (where my one year old child walks). I really need some help — how I can exert a little pressure on the temple to act more like good neighbors?? The tree, the noise, the garbage — it is really bad.” BTW, she called the police, who “were completely uninterested.”
I am actually surprised that a tree as old as this that is part of the streetscape wouldn’t have statutory protection. I am also surprised someone else didn’t call 311 or indeed 911 whilst the owner was out. I hope that the city fines the temple big time for touching that tree without authorization.
I agree with daveinbedstuy, call 311 for every single violation that affects your quality of life.
You might also consider calling one of those ambulance chasing plaintiff attorneys who advertise on the subway.
NNo wonder the courts are clogged. Cutting a few branches off a tree is likely a good thing for both your lawn and the tree. And you got it done for free.
If they had asked you would you have let them cut the branches? I think yes.
There was a case in CA this year where the tree won over the neighbors rights. I can’t remember whether I read in NYTimes or WSJ. I would sue. Especially if they were on your lawn and there were damages.
I’ll give you one pass today Biff. I’m in a happy “irrationally exuberant” mood today. That said, I think this is a selling opportunity!!!
Oops, my bad. I missed the fact they were actually on HER property. Dave, please cue your lecture on reading comprehension.
Because they just marched onto her property without asking!
But Dave, why would she call 311 or sue them if they can remove whatever hangs onto their property?
Is that the before or after pic?? If it’s after it doesn’t look so bad.
That said, the law typically states that they can remove whatever hangs onto their property. It usually does not allow for them to automatically have access to your property though.
There’s nothing you can do after the fact unless you want to sue them. I’d consistently call 311 on them for all the other violations though.
call 311.. they needed a letter of permission to touch the tree…consider suing them as well