I am having problems with my neighbor's tree/dog/noise/shared driveway/nuisance. What are my legal options?
Answer
Neighbors, also known as adjacent landowners in legal book indexes, can be a source of disputes. How to handle questions such as overhanging branches from trees damaged by storms or shared driveways may require reading materials in the attached bibliography as well as checking local municipal regulations. Codes for New York City and Franklinville are provided by American Legal Publishing Corporation. eCode360(R) provides codes for many other New York state municipalities.
If the neighbor is a fellow tenant. the following may apply: "A tenant can be evicted for 'committing or permitting a nuisance,' and for 'maliciously, or by reason of gross negligence, substantially damaging the housing accommodations.' 9 NYCRR § 2524.3(b) (NYC RSC); 9 NYCRR § 2204.2(a)(2) (NYC Rent & Eviction Regs)."
§ 8:91.Nature of objectionable conduct, Residential Landlord Tenant L. in N.Y. § 8:91.
New York also recognizes a common-law cause of action for private nuisance, which may be asserted against a neighbor in a court of competent jurisdiction. The elements are: an interference (1) substantial in nature, (2) intentional in origin, (3) unreasonable in character, (4) with the plaintiff's property right to use and enjoy land, (5) caused by another's conduct in acting or failure to act. See Cangemi v Yeager, 185 AD3d 1397 (4th Dept 2020).