Vine responsibility
A neighbor of mine phoned to say that a vine from my building is about to fall in her garden. The vine comes from a different neighbor whom I’ve repeatedly asked to cut them down. I’ve trimmed the vines for years but can’t reach everywhere – some are easily 8 inches in diameter. I’ve sent…
A neighbor of mine phoned to say that a vine from my building is about to fall in her garden. The vine comes from a different neighbor whom I’ve repeatedly asked to cut them down. I’ve trimmed the vines for years but can’t reach everywhere – some are easily 8 inches in diameter. I’ve sent registered letters to the vine owner & have had to have my building repointed several times because of them. Any ideas whose responsibility is the current hazard?
I’ve seen this forum question often, but I’m not sure I’ve ever seen a guarantee that, under any and all circumstances, a neighbor can prune overhanging tree limbs or vegetation from an adjoining property. That’s not to say that there’s nothing in common law or municipal code covering the issue, just that I’ve never seen it cited (and I’ve looked because it’s a hot topic among certain neighbors).
On the other hand, I have seen citations elsewhere of Section 861 of NYS Real Property Actions and Proceedings Law, covering actions for cutting or carrying off trees or timber where triple damages may be recovered. It seems as if you’ve been responsible in notifying the owner of the property with the vine, and it appears that they have not responded. Very few vines, except twining vines like wisteria, produce trunks 8″ in diameter—did you mean to say circumference? If the vine’s owner remains non-responsive, small claims court might be the place to try for resolution, especially if you are joined by the other neighbor complaining to you. Just be aware that you may find yourself in the middle of litigation as the result of your actions (because, in the big picture, it is not hard for anyone to find an attorney capable of arguing either position). Take a look at these PDFs describing the complexities of similar issues in other parts of the country:
http://www.westengpc.com/pdfs/Illinois-Law-Relating-to-Tree-Encroachments.pdf
http://71553.netministry.com/images/TreesAndtheProblemsTheyCause.pdf
any plants that goes to your side you can trim it other wise you can’t really do much about it.