Owning property can be a proud moment for any person. While most people look forward to owning the building on that property, the land offers many issues that any homeowner will have to face. One of those issues is having to determine what you own based on where your property is located. You’re going to find many things along your property line, ranging from fences to sheds. One of the most difficult objects to move is a tree. When it comes to a tree being on your property line, there are many laws that get in the way of the removal of that tree. This is when you should call a land surveyor to see what you can do to get rid of said tree.
So the first real question is “who owns the tree”? When a tree is suspiciously close to your property line, it may be difficult to determine its exact location. The tree’s location is what will make its removal that much more difficult. It’s important that you locate the tree relative to where your property line is before you move forward with any removal.
That’s where the surveyor gets involved. Before you can make a determination of whether or not you can trim or cut down the tree you first have to make a determination as to where the tree is located in reference to the property lines. A land surveyor has the knowledge to locate your property lines and also mark out where that line is on your property. Without the proper tools, locating your property lines can be almost impossible. Thanks to modern technology, a land surveyor can potentially survey your home and stake it out all in the same day.
You may be wondering what a stake is when it comes to land surveying. This references a marker, typically an iron pin or a wooden stake. A surveyor will place these markers, or stakes, at property corners to indicate where the property lines are. The homeowner can then tie a string off at each stake to physically lay out where their property lines are. Another option would be to place markers along the property line in addition to the corners.
Now that a land surveyor has located your property lines, you may be ready for trimming. Trimming the part of the tree that is on your property is legal but you can’t go onto your neighbor’s property. Also, cutting the tree down is illegal unless you have your neighbor’s consent or the tree is causing a hazard. And even then you would have to put the tree owner on notice that the tree is causing the hazard. Lastly, if the tree straddles the line then you both own it and if you can’t come to an agreement, then you would have to go to court.
According to Title 18, Chapter 1, Section 18-129 of the New York City Administrative Code, it is
illegal to remove, kill, or damage a street or park tree. Before removing any trees that are close to your property line, reach out to a land surveyor to help you determine where your property lines fall. Contact All County Land Surveyor PC today to see how we can help!