Hudson, NY asked in Real Estate Law for New York

Q: Does my next-door neighbor have an obligation to prevent Japanese knotweed on his property encroaching on mine

I live in New York State

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3 Lawyer Answers
Barry E. Janay
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Answered
  • Livingston, NJ
  • Licensed in New York

A: Build a wall and make him pay for it! J/K In all seriousness, its a complicated question of private nuisance and damages. You should notify him of the issue and try to reach a reasonable solution.

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: Yes and no. You can clearly cut anything on your side of the boundary. Suing him is expensive and there are really no damages, so you are not likely to recover your costs, but you can do it.

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in New York

A: I see no basis for a suit, given that such weeds are an act of nature, and they can spread with the wind. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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