A beautiful old cherry tree in my backyard has 1/3 of its branches overhanging my next door neighbor’s backyard. They have complained about it to us before: they dislike the pink blossoms floating into their yard. To appease them, we have had it trimmed but for the short time that it is in bloom, the wind does blow the blossoms into their yard…a pretty high level problem, if you ask me. Today, another neighbor alerted me that the complaining neighbor has now hired a tree cutting service to cut down all the branches on their property. This will most likely kill the tree and at the very least will severely compromise its health. I’ve read the NY Times article on this site but it does not address NY legal laws. What can I do to stop them from cutting a significant number of branches?

I also wonder if anyone has tried to landmark a tree?

In the interim, short of sitting in the tree, which I plan to do tomorrow, what legal steps can I take to prevent them from cutting the tree?

Advice appreciated!


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  1. I live in Oregon and I have a neighbor who has two huge cherry trees and a walnut tree.
    Last year we trimmed off what was on our side but the neighbor had a fit and put up a fence all the way around her property.
    We had asked prior to trimming it if we could pay to have it trimmed and she was not going for it.
    I love all trees but I feel for the elderly couple on the other side of this neighbor who cant get out to do the clean up these trees require.
    The community I live in is going to address this issue to this neighbor to see if there is some relief we can get for the elderly couple.
    Yes, my husband and I do go rake the elderly neighbors lawn but there needs to be another fix with the neighbor who wont take care of her trees.
    WHAT IS WRONG WITH TAKING CARE OF WHATS YOURS.
    I do not think we are assholes for wanting a neighbor to take care of what is theirs.

  2. A sad note, I’m the poster from may 2, 2:25pm.

    Our neighbor’s beautiful blossoming tree had a serious issue last night.

    A giant section equalling about 1/3 of the tree fell off! WTF!? It looked, and still looks so healthy.

    Thoughts? Termites? Rot? Blight? I hope the whole tree doesn’t have to come down.

  3. The neighbor relations thing is one thing, but the rule is that the neighbor can trim whatever part of the tree is in their yard, but cannot kill or injure the tree.

  4. I don’t know of anyone in the city that might do it, but you can ‘appraise’ a tree elsewhere.

    Did you go to your neighbor after you talked with their neighbor? Maybe you can buy some time to find an arborist you trust with (1) appraisal for future record (2) trimming to your neighbors liking (3) maybe moving it as someone has suggested.

    You neighbor does sound unreasonable, but if you’re willing to shell out the cost instead of him/her maybe they’ll work with you instead of against you.

    RE: appraisal, talk to whom you think it the best garden center or landscape architect to see if they can refer you to someone in NYC or have someone come out from Staten Island or other suburbs to do it.

    Please keep us posted. It’s unimaginable to think that there are those today celebrating in BBG the very tree your neighbor wants cut!

  5. “You can’t landmark a tree”

    Actually,Putnamdenizen, you can.
    The magnolia tree outside of what later became the Magnolia Tree Earth Center on Lafayette Avenue was designated in 1970.

  6. As parkslopemom says these are very hardy trees. I wouldn’t worry about the health; just the aesthetics of a very off balance tree. We have always thought as this time of year as Barbie time in front of our house. Until it rains I even like the pink covered sidewalks. The weird thing of course is your neighbors still will have blossoms.

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