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‘Top Chef’ Alum Accused of Poisoning Neighbor’s Tree; Here’s the Twisted Reason

What can you do when your neighbor’s tree crowds out the sunlight you were hoping to capture with your solar panels? You could adjust the panels, perhaps, or have a chat with your neighbor about pruning—or resort to more cloak-and-dagger tactics.

That’s the approach that “Top Chef” alum Adam Harvey was recently accused of taking in Brooklyn, NY. Miffed that a seven-story silver maple was throwing shade on his home’s newly installed solar panels, this co-owner of the modern Italian restaurant Bar Salumi allegedly snuck onto his neighbor’s property, drilled 11 holes into the tree’s trunk, and filled them with herbicide.

That’s what footage captured by neighbors’ cameras appears to show, at least. Harvey was slapped with two misdemeanor charges of criminal mischief and criminal trespass in connection with the April 30 incident, according to the New York Post.

“Recent events caused unnecessary grief to my neighbors and family,” Harvey said in a statement released through his lawyer. “My goal is to reach a quick resolution and to be a thoughtful and considerate neighbor moving forward.”

We’re happy to see Harvey has, um, turned a new leaf. Meanwhile, though, the 60-year-old maple in question has lost half of its leaves and is barely clinging to life. Arborists say only time will tell whether it pulls through.

Which got us wondering: What will happen if this tree kicks the bucket?

How much is a tree worth?

Trees may be a thing of beauty, but they can drive a wedge between neighbors when their foliage extends over property lines. Blocking solar panels is the least of it—branches can pose far more serious dangers if they fall. Trees can also block beautiful vistas that add significant value to a home.

So what are the rules on trees that grow over property lines, anyway?

“Generally, you do have the legal right to prune the portion of the tree that extends over your property,” says David Reiss, research director at the Center for Urban Business Entrepreneurship at Brooklyn Law School. However, “before proceeding with any trimming, you should check with your local government to make sure that there are no local laws that apply. You have to be careful when trimming parts of trees and shrubs that cross the property line, because you may be liable for damages if you overdo it.”

And, oh yeah, you should clue your neighbor in before you do it—or face the consequences.

For instance, in New York, laws state, “If any person, without the consent of the owner thereof, cuts, removes, injures or destroys, or causes to be cut, removed, injured or destroyed, any underwood, tree or timber on the land of another … an action may be maintained against such person for treble the stumpage value of the tree.”

In other words: If you chop first, then apologize later, prepare to pay dearly. Just to give you an inkling, the Council of Tree and Landscape Appraisers estimates that a mature tree can add $1,000 to $10,000 to the value of a home. So, “treble” damages would be anywhere from $3,000 to $30,000. Yikes!

“Tree disputes are about as old as owning property, but what people are not really aware of is how valuable a 60-year-old tree actually is,” says California land developer Tyler Drew. “Hint: It’s in the four- to five-figure range. This chef is now not only liable for removing the dead tree, but replacing it with a similar 60-year-old maple tree at his own cost.”

How to trim a neighbor’s tree and not get burned

But what if a neighbor’s tree presents a more imminent threat to your property than cramping your solar panels—like, say, it’s at risk of falling on top of your house?

“I encounter this type of thing in Florida quite often where a tree could fall through a neighbor’s roof, crashing into a bedroom and running the real risk of someone getting seriously or fatally injured,” says real estate agent Cara Ameer. “After going through several hurricane seasons here, I’d say that letting trees grow wild on a property with neighboring homes around you is just plain stupid. It’s one thing to love trees, but another to let your love of them risk the safety and well-being of neighboring homes.”

So if that’s what a neighbor’s tree could do to you, you have every right to take action.

“If the neighborhood has any covenants and restrictions, that is often a good place to start with regard to what regulations may say about each property owner’s responsibility with tree upkeep and maintenance,” says Ameer.

If you are in a homeowners association, check the rules about tree trimming and how they are enforced. Otherwise, consult your municipal government—assuming, of course, that you’ve made a good-faith effort to work out the issue with your neighbor first.

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