Huntington Station, NY asked in Land Use & Zoning and Real Estate Law for New York

Q: My neighbor keeps tying his trees to my fence as when they are not tied they fall to the ground. There Is now damage

The damage is caused by my neighbor tying his trees to my fence. I have asked him not to do so and have cut the lines whenever I see them. This has gone on for months. There is damage to my fence (it now leans in his properties direction) and I am wondering if I can hold him responsible to pay for the new fence? I have pictures of every occasion I see the lines and when I have cut the lines

1 Lawyer Answer
Elaine Shay
Elaine Shay
  • Real Estate Law Lawyer
  • New York, NY
  • Licensed in New York

A: If you own the fence and it is on your property, you can seek to hold your neighbor responsible for any damage caused by his/her unauthorized use of your fence. If the damage is less than $10,000 you may sue in Small Claims Court for money damages. However, if you also want an injunction preventing your neighbor from attaching anything to your fence, you would need to go to Supreme Court. Hopefully, once your neighbor realizes he/she will be responsible for cost od damage, the use will be discontinued and there will be no need to seek an injunction.

Peter J. Weinman and Steven Warren Smollens agree with this answer

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