My question involves real estate located in the State of: NY
Can my neighbor force me to spend $3000 to remove a very large, very old tree that hangs over both of our properties?
The tree had a portion of it fall years ago (long before I owned the property) and there is a portion of the tree, at the base, that has dead bark on it. Otherwise, the tree is very, very green and healthy and has only small branches that fall on the lawn after a storm (just like most other trees).
The other day, I said hello to my neighbor and this person yelled back at me that I "need to start looking into getting that tree cut down, because it's dropping bark and it's diseased and had black crap on the leaves."
Now, I understand this neighbor hates the tree because they have to clean up leaves in the fall, where they have zero trees on their property, but she was lying about the leaves. If this tree was diseased and was dropping branches with diseased leaves and bark everywhere, it would be on my property as well as their property. There are no diseased leaves that have fallen on my property ever or branches or bark that have fallen recently on my property. Only after a storm, there are a couple small branches (as big as a dime or nickel) that have fallen.
I do not have the money to pay for this tree to be removed as it would require a crane due to its size.
Can my neighbor force me to pay to have the tree removed or would it be their responsibility to pay to have it removed if they want it out and I approve its removal?