Question about Islip Township Rules

If your neighbors have trees that encroach on your property - but refuse to prune them back - do you have any recourse?

I have been advised that we are allowed to trim all limbs back to the fence line if they are on our property but I was wondering if anyone knows for certain?

TIA!

Re: Question about Islip Township Rules

Posted by rojerono

If your neighbors have trees that encroach on your property - but refuse to prune them back - do you have any recourse?

I have been advised that we are allowed to trim all limbs back to the fence line if they are on our property but I was wondering if anyone knows for certain?

TIA!

Re: Question about Islip Township Rules

Posted by MeeshMosh

Posted by rojerono

If your neighbors have trees that encroach on your property - but refuse to prune them back - do you have any recourse?

I have been advised that we are allowed to trim all limbs back to the fence line if they are on our property but I was wondering if anyone knows for certain?

TIA!

yes this is true... we were told this as well and we are the town of islip also!

Re: Question about Islip Township Rules

I would love to know if this is true! My neighbors have huge pine trees that line the property line and the majority of the branches are on our side but their side is nicely pruned back. So DH and I get to rake pine needles all fall long!

Re: Question about Islip Township Rules

Posted by rojerono

Posted by MeeshMosh

Posted by rojerono

If your neighbors have trees that encroach on your property - but refuse to prune them back - do you have any recourse?

I have been advised that we are allowed to trim all limbs back to the fence line if they are on our property but I was wondering if anyone knows for certain?

TIA!

yes this is true... we were told this as well and we are the town of islip also!

Thank you! Can you tell me who told you this? I have tried calling the town about the issue to get the 'official word' but I keep getting switched from pillar to post!

Re: Question about Islip Township Rules

http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdoc&DocId=70&Index=C%3a%5cProgram%20Files%5cdtSearch%5cUserData%5c0324%5fA&HitCount=5&hits=5e+a5+c9+f4+124+&hc=20&req=tree

Chapter 57: TREES

[HISTORY: Adopted by the Town Board of the Town of Islip 7-6-82 as Local Law No. 2, 1982. Amendments noted where applicable.]

GENERAL REFERENCES
Environmental Control Department — See Ch. 10A.
Nature Preserve Trust — See Ch. 13.
Environmental Council — See Ch. 13A.
Environmental quality review — See Ch. 13B.
Protection of trees in parks — See Ch. 37, Art. I.
Wetlands and watercourses — See Ch. 67.
Be it enacted by the Town Board of the Town of Islip as follows:

§ 57-1. Title.

This local law shall be known as the "Tree Law of the Town of Islip."

§ 57-2. Purpose.

The purpose of this local law is to assist in enforcing, policing and prosecuting wanton and indiscriminate theft, cutting and damage of trees from private and public property in the Town of Islip, which deprives individuals and others of their rightful property.

§ 57-3. Prohibited acts.

No person, firm, association, corporation or partnership shall cut, damage, carve, dig or remove any tree, whether living or not living, standing or downed on public or private property without the prior written consent of the owner of said property. Any person acting to cut, damage, carve, dig or remove a tree or trees shall display the written consent of the owner upon demand to any person authorized to enforce the local laws of the Town of Islip. Failure to display written consent of the owner to cut, damage, carve, dig or remove any tree or trees upon request by enforcing authorities shall be violation of this local law.

§ 57-4. Penalties for offenses.

Any violation of this local law shall be punishable by a fine of not less than fifty dollars ($50.) nor more than one thousand dollars ($1,000.) per tree or imprisonment for not more than fifteen (15) days, or by both such fine and imprisonment.

§ 57-5. Severability.

If any section, provision or part thereof in this local law shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, then such adjudication shall not affect the validity of the local law as a whole or any section, provision or part thereof not so adjudged invalid or unconstitutional.

Re: Question about Islip Township Rules

the key words in the post from "treemania" are "wanton and indiscriminate". no one can just arbitrarily cut down someone's tree "just because". however if a tree is overhanging a fence or a roof of someone else, that person has the right to prune it back to the property line. they cant destroy it or hack it but they can cut limbs in a fashion that does not destroy the look or the health of the tree.

Re: Question about Islip Township Rules

You're making an interpretation that I wouldn't from reading that law. Read prohibited acts, not purpose; "No person, firm, association, corporation or partnership shall cut, damage, carve, dig or remove any tree, whether living or not living, standing or downed on public or private property without the prior written consent of the owner of said property." reads pretty clear to me. I would never take a job where the tree owner did not agree to the work, it's not worth the aggravation. Some towns alow for the removal of overhanging limbs if they present an imminent threat to life and property but this town doesn't mention that. Even then I would make sure the owner was aware of the hazard. If you make them understand that their tree could harm you or your property they usually come around.

Re: Question about Islip Township Rules

Spoke to the town about this finally. They advised that it is the correct course of action to ask your neighbor to prune back the tree or for permission to do so yourself.

IF they refuse permission, you may file a complaint with the town and the town may choose to have the neighbor prune the tree back themselves or pay for the cost of having it pruned.

If the tree causes injury or damage to the property it hangs onto - then you can sue homeowners insurance to recover said damages.