See Iny v.
Sep 22, § Action for cutting, removing, injuring or destroying trees or timber, and damaging lands thereon. 1. If any person, without the consent of the owner thereof, cuts, removes, injures or destroys, or causes to be cut, removed, injured or destroyed, any underwood, tree or timber on the land of another or on the common or other land of a city.
A clear statement of purpose or intent of this ordinance will help avoid ambiguity in interpretation. For example,"It is the purpose of this ordinance to promote and protect the public safety, and general welfare by providing for the regulation of the planting, maintenance, and removal of trees, shrubs, and other plants within the city of Pleasantville.".
Definitions of terms used in the ordinance such as street tree, adjacent property owner, dripline, nuisance, etc.
Jun 08, Fallen Trees and NY Premises Liability for Homeowners. Posted on: June 8th, A homeowner sought advice from a real estate professional about potential liability for the year old oak in the back yard because it extended over the next door neighbor’s property line. The branches had been trimmed on the property owner’s side by a previous owner, but they continue to grow on the side over the neighbor’s.
New York Tree Damage Laws. In New York, if someone damages your tree, you can recover your actual damages (usually, what you paid for the tree or what it would cost to replace the tree). (To learn what you must prove in order to get actual damages, see Nolo's article When a Neighbor Damages or Destroys Your Tree.) In New York, a specific law allows you to recover additional damages if someone deliberately damages your stumpdelimbing.bar: Emily Doskow, Attorney.
Jan 01, 1. If any person, without the consent of the owner thereof, cuts, removes, injures or destroys, or causes to be cut, removed, injured or destroyed, any underwood, tree or timber on the land of another or on the common or other land of a city, village, town or county, or damages the land in the course thereof, an action may be maintained against such person for treble the stumpage value of the tree or timber or two hundred fifty dollars per tree.
4 rowsNov 28, If you do damage the tree, your neighbor can sue you for triple the stumpage value of the. Sep 01, In addition to state and local laws governing tree removal, the common law, or decisional law established by New York courts also governs tree removal. New York courts have found that to the extent overhanging branches or underground roots are determined to constitute a nuisance, self-help is not the only remedy available, and an action at law or in equity may be brought for damages and to abate such a nuisance.