NYC won't let me cut down my own damned tree?!
Hello, all. So today, a guy from a very well-known and respected tree service in Prospect Park told me that he will not cut down a nuisance pine tree in my front yard–on my property–because, he said, it is probably “a city tree.” Again, this is not the tree on the parkway–this one is in…
Hello, all. So today, a guy from a very well-known and respected tree service in Prospect Park told me that he will not cut down a nuisance pine tree in my front yard–on my property–because, he said, it is probably “a city tree.” Again, this is not the tree on the parkway–this one is in my yard. And trust me, nobody would disagree that it needs to go–it’s right next to another tree, much prettier, and was obviously planted by somebody who didn’t realize how big it would grow (it’s pushing 50 feet now). This guy surely knows his business, but what is he talking about? The city can cite a tree service for cutting down a tree on my own property? Isn’t that kinda crazy? Any insights welcome. Thanks.
OP – thanks for creating a written record of your intention to engage in what may be a knowing violation of the law. I assume it is traceable either through your ISP. Good one!
Get in contact with the forestry section of the parks department. You can get to them via 311.
If your survey indicates that the tree is within your lot lines, then it is yours to do with as you like.
Others are correct, often, your lot lines begin a few feet into the front of your yard. This is more likely when you have space between your stoop and the front fence. It depends on the width of the street and your lot. Just double check your property survey from when you bought the house. The only way the parks dept. could claim ownership of the tree is if it was outside of your lot lines – but even then, if it was within your fence line, you’d have a good argument that it is your responsibility and was taken down because it was posing a danger.
Killing a tree in the ground in the city is very dangerous. The limbs will become weak may destroy cars and houses when parts of it come raining down, it may even kill a pedestrian. You should be able to determine if the tree is on your property or not using the survey you probably got at closing. Normally it is your yard out front, but there are exceptions if for example the city has the widening of your street in their master plan they may already own “your” frontyard but give you temporary use of it until they actually expand the street. The survey you commisioned before closing should tell you what is your land and what is city land.
If it is a city tree and it is conflicting with another city tree the parks department will want one of the trees eliminated, they may take years to get to it, or they can give you permission to take care of it, like they would give you permission to plant a street tree (the parks department permit fees are cheap, the bigger problem is getting someone there to pay attention to you rather than the theousands of other people calling them with tree problems.)
The probability that it is your tree is high, try a different tree service. These guys probably just didn’t want to deal with it because they have plenty of work where they don’t need to check a map to verify whether they are cutting down your tree or someone elses.
I think the fine cap is $1000 for damaging a city tree and $15000 for removing one.
OP, here. My survey simply argues that my property is mine, right up to the property line. Says nothing about any “easement.” Whatever–the tree is coming down, regardless, if I have to Roundup the bastard, or whatnot. There is a much more deserving tree right next to it that deserves a better life. But thanks for all the info–and I agree with Donatella that there seems to be a lot of confusion about this stuff. Which makes sense, because it is, well, confusing.
I agree with 9.32 post — 1/2 of our front yard is actually city property according to the survey’s. Accordingly, you should take a close look at the surveyors report you presumably performed when you bought the property.
I went to “owners night” at PS 316, a presentation by a number of city agencies and neighborhood organizations last night, organized by Letitia James and Eric Adams. It presented information on the various services provided by these organizations. It was amazing that there were a huge amount of questions related to TREES which nobody could seem to answer correctly and there was no Department of Parks person available. The questions ranged from questions like the above to sidewalk maintenance (dealing with tree roots) etc. This appears to be a giant black hole in terms of city services, reaching out to the public with accurate information and follow up.
It is definately a Department of Parks issue, so call them through 311.
If you need an excellent tree service, call Urban Arborists – Bill Logan (number in book, on Van Brunt). I have a monster Norway maple in my back yard which was damaged by the recent Nor’Easter. Urban ARborists untangled the mass of broken limbs, trimmed the damage and cleaned up the tree. Their guys are fabulous – fast, professional, reasonably priced. Also nice.
Good luck.
What happens if the tree dies? Would there be an investigation into cause of death? Even if there was, & roundup poison was found to be the cause, will you be punished if you just say that you used roundup to kill weeds in the front garden, must have been an accident…
I assume they don’t expect people to leave dead trees in the front yard
The tree could conceivably belong to the city, even though it’s in your front yard. In fact, your front yard might not even really belong to you. There is an archaic law (written who knows when) that your front yard is city property, and easements were issued so that homeowners could have the privilege of using the yard as their own. As for the tree, it would be best to check with the Parks Dept as a previous poster suggested. If the tree is really tall, its root system is probably huge and could possibly impact the utility lines running into your house. That could be another reason why you would want to remove it.