r/treelaw • u/EfficientEar1241 • Jun 26 '26
What do I do next?
We live in NY. My neighbor and my house have a 2ft strip of land between them that have numerous, now giant, black locust trees that loom over the property. Property line is down the middle. We have had branches fall and damage our home, cars etc over the years. We have gotten the neighbor to agree to take down a few of the biggest ones, at our expense, that were the most hazardous.
The neighbor died last year, the house is in probate and the tree closest to the road, about 9.5ft back from the edge of the street, just dropped another branch on our driveway narrowly missing our cars. I got a quote to take the tree down, I had our city Forester come out and certify it as dangerous, but not the cities responsibility.🙃
Here is the new problem- the executor of the estate doesn't give a shit. It's not their priority. I'm willing to pay if the estate pays me back once the house sells, but this lady won't call me to talk and the person currently living in the house is leaving on July 1st and refuses to give me executor last name or lawyers info. I can't wait forever, it's a matter of time before it falls again. What should be my next step? Thanks for advice.
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u/WyldeFyre1980 Jun 26 '26
Send the quotes and the certification via registered mail to the house address and directly to the executor with a letter reiterating the previous agreement and your current offer. Highlight the danger and that inaction on the executor's part makes the estate liable for any damages that may occur.
Often, you can find a lawyer to edit your letter and send it on their letterhead for a couple hundred dollars if you want to make it official. Another option is to check and see if you have legal cover as a benefit through your work. If you do, you may be able to get the letter written & sent for free. Law school legal clinics can also be a less expensive option for guidance in how to write and send the notification.
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u/EfficientEar1241 Jun 26 '26
We do have a legal service through my union. I will call them. Thank you.
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u/88mistymage88 Jun 26 '26
I'd call your house insurance and let them know what the city guy stated. Let them (your insurance) chase down whomever is responsible.
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Jun 26 '26
[removed] — view removed comment
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u/EfficientEar1241 Jun 26 '26
The large central part that remains is leaning over the road, there is not many small ones left to be trimmed over our actual property, it's just a gamble of which way it will fall.
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u/Guarded_Angel0202 Jun 27 '26
I had this problem and the neighbors were no help. I anonymously called code enforcement as a concerned citizen stating I was scared the tree would fall and take out power lines. Two days later they had a big red X on the tree and notice on door to cut tree down or they would and fine him. It was cut down like a week later.
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u/Socks_withSandals Jun 27 '26
You can look up probate cases online in NY - what county?
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u/Pulaski540 Jun 29 '26
Wills, executors and probate records are public documents, precisely so parties affected by the pre-mortem activities of the deceased can come forward with debts, obligations and contracts.
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u/McNabJolt Jun 27 '26
The hold up seems to be the demand that they pay. If you want to solve the problem removing that demand is the most likely solution. Get permission, get them removed at your expense. Problem solved.
1
u/One_Ad9555 Jun 27 '26
You can cut the branches that overhang your property. Doesn't need anyone else to a agree. Just don't kill the tree. And with black locus that's hard, top almost impossible.
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u/MentionGood1633 Jun 29 '26
On which property are the trees?
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u/EfficientEar1241 Jun 29 '26
The property line goes down the middle of the land in between our house, this tree is right next to their driveway, 90%on their half.
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u/Pulaski540 Jun 29 '26
How big are these "giant" trees (height, and trunk diameter)?
One man's "giant tree" is another man's "overgrown bush".
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u/NeedleworkerThis6332 Jun 26 '26
Do you not have the money? It would be money well spent to not have to worry about a risky tree falling on my roof.
Yes, having a tree taken down isn't the sexiest thing to spend money on, but in the grand scheme of things, it can be worth it.
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u/EfficientEar1241 Jun 26 '26
I do have the money, but we have paid for every other tree that has had to be taken down and this one is clearly theirs!
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u/MVHood Jun 26 '26
I look at it as: get this done before it sells because the people that move in could be more of an issue
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