Neighbors tree is pushing our fence over. Who is liable? ?

We are in NY. Our neighbors planted a tree very close to our fence and a few years later, the branches are pushing down our fence. This is a cause for concern. I understand that any branches over the fence are our responsibility, but what about the branches that are still on their side, just pushing our fence over? 

3 Answers

  • If they planted a tree too close to an existing fence, you can claim redress.  However, you've still got to live next door to them.  Do you want to go to war over a fence?  The simple solution would be to remove that section of fence, cut off the offending branches and replace the section of fence.  You could try sighing a lot while you do it.

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  • 1 month ago

    They are responsible for damage to the fence from branches.

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  • Anonymous
    1 month ago

    If the fence is completely on your property, as it should be, then no branches can push your fence over further into your property without them also being within the boundaries of your property such that you are within your rights to cut them. 

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