My question involves real estate located in the State of: New York
My neighbor planted 8 trees and 3 of them are on our property which takes up over 5 feet.
I have no problem as the trees look ok, but am I giving up our property to them.
My question involves real estate located in the State of: New York
My neighbor planted 8 trees and 3 of them are on our property which takes up over 5 feet.
I have no problem as the trees look ok, but am I giving up our property to them.
What you need to do to preserve your rights is to notify them CRRR that they have planted the trees on your property and that they can remove or leave them but if they leave them the use is permissive and can be withdrawn at any time. Then attach the letter and receipt to your deed.
Nope nope nope.
If you want the trees gone, send them a letter stating the trees are on your property and the neighbors must and will be allowed to remove them (at their expense of course).
If you don;t care if the trees stay; send a letter stating the fact that the trees are on your property and the neighbor can either remove them or leave them, at their discretion. Make the further statement that if the trees are left in place longer than 10 days (or whatever you want to allow) the trees will then become your property and any attempt to remove them will be met with a trespass charge..
In this situation, do not give permissive use. It complicates things more than you need or want. Continue to maintain that the property line is the line and trespassing is not allowed. If they want their trees, let them have them but of course they are responsible for returning the land to the same condition it was before they planted the trees.
I agree. A much better solution.