Consideration should also be given to the concept of “contributory negligence.” In other words, it’s important to consider whether or not your actions contributed to the scenario that resulted in damage. Fallen trees are near the top of every list of potential disasters. The Town came and cut down half the tree to clear out the road. With upstate New York offices in Albany, Saugerties, and Johnstown, we routinely handle cases throughout a wide service area, and are experienced in litigating personal injury and property damage claims. or constructive notice (should the neighbor have known, in the exercise of reasonable care, that their tree presented a risk of danger?). This is true if the tree fell over due to an act of nature. In order to bring a claim against your neighbor, all of this must be thoroughly investigated. that the tree's … While you may adore that special tree that sits near the property line between you and your neighbor, your neighbor may feel differently. This is true if the tree fell over due to an act of nature. If your neighbor’s trees are a threat to your property – if they look weak, rotting, or … We can help you understand if your situation warrants legal action and, if it does, help you move forward with a premises liability case. The branches had been trimmed on the property owner’s side by a previous owner, but they continue to grow on the side over the neighbor’s yard. Fallen Trees and NY Premises Liability for Homeowners. If at all possible, we encourage you to attempt to work out any problems with your neighbor before you take maintenance in your own hands. If the insurance payment is not sufficient to cover the costs, or if the damages exceed the policy limits, you may have a right to bring suit against the neighbor. With high winds and heavy snow, entire trees may topple over. Governor Cuomo Suspends Statute of Limitations in New York State, All-Terrain Vehicle Safety & New York State ATV Laws, Understanding New York State’s Serious Injury Threshold, For Matrimonial & Family Law, visit AlbanyDivorce.com, Illegal Trash-Outs / Wrongful Foreclosures. My neighbors tree fell down in my yard during a wind storm. A homeowner sought advice from a real estate professional about potential liability for the 250 year old oak in the back yard because it extended over the next door neighbor’s property line. No damage to their property has occurred. But if the tree fell without causing damage to a structure on your property, homeowners insurance likely won't cover the cost of removing the debris, according to the III. I signed a waiver. It might seem unfair that if it’s your neighbor’s tree that damages your home, you should have to pay. A neighbor’s tree branch that hangs over your property may fall in a storm, resulting in damage to your home, car or other possessions. (The Tree Care Industry Association lists accredited tree … However, such claims can often prove to be complicated. While you can trim the branches of a tree that extend onto your property, you may not trespass on your neighbor's property or cause damage to or kill the tree. - Answered by a verified Real Estate Lawyer We use cookies to give you the best possible experience on our website. If the tree damaged your home, a homeowners insurance policy may help cover the cost of repairing your house as well as removing the fallen tree branches, the III says. Editor’s note: This content was originally published in 2015 but has been updated as of January 2019. © 2020 Maynard, O'Connor, Smith & Catalinotto, LLP – Personal Injury, 3154 Route 9w The following resource is a good place to start: Fallen Trees & NY Premises Liability for Homeowners – Learn more about premises liability when it comes to neighbors’ trees and find out what your rights are if a neighbor’s tree is hanging over your property line. If you do harm the tree, you could be found liable for up to three times the value of the tree. There are some things to consider if you have a problem with a tree on a shared property line: What to Do . The branches had been trimmed on the property owner’s side by a previous owner, but they continue to grow on the side over the neighbor’s … When a tree falls over onto a neighbor's property, that neighbor should submit a claim to his or her insurance company immediately. If you do damage the tree, your neighbor can sue you for triple the stumpage value of the tree. For the most part, your own homeowners insurance will typically cover the costs of any repairs, as well as costs for removing the tree and any related property damage. A tree that poses a danger to your property, or one that inhibits your ability to enjoy your property, may actually constitute a violation of local ordinances or codes. I signed a waiver. Looking for additional legal insight regarding fallen trees? But what happens when a property owner’s tree or limb falls in some else’s yard, and causes damage to personal property, such as a home or car? In order to hold a neighbor liable for the damages to your property caused by a fallen tree, there must be proof that the neighbor was aware that their tree was unsafe. Who is responsible for those repairs? Saugerties, NY 12177, 122 West Main St. The homeowner was reluctant to have it cut down due to the cost and aesthetics, but wanted to legally be in the clear. The concern was that, due to its advanced age, the tree would eventually topple at some point. Tell them that if the tree falls and injures or kills someone, or damages your property in any way, you will hold them responsible. It is difficult to predict where a tree will fall, but landing on a neighbor's house is well within the realm of possibility. Now, turning to your potential claim against your neighbor, in states like New York, the determination as to whether you have a claim depends on the condition of the tree prior to its fall. “If the neighbor’s tree falls on your house, it’s your problem,” says Gary Blackwell, an independent insurance agent based in Corinth, Maine. If your neighbor’s tree falls during a storm and damages your house, you should still be covered by your homeowners insurance policy. If the tree, or some of its branches, falls, the result may be severe damage to a house, a car, a boat, or other valuable property. Their Property, Their Homeowners Policy. Homeowners are responsible for acting reasonably in caring for their trees and other property. Johnstown, NY 12095. If you have suffered personal injury or property damage as a result of a fallen tree, please contact us for a free consultation. Tree cases can be tricky, and are frequently factually specific. Therefore, if you have sustained damage from a tree, you should immediately advise your insurance agent. Before getting upset, remember that it is very likely that your insurance will cover any damages and the cost of removal as well. That's right, even if the tree is rooted in your neighbor's yard, if it crashes onto your property, it's your problem. Posted on: June 8th, 2018. contact us online to set up a free case review, Fallen Trees & NY Premises Liability for Homeowners. I've had five foot branches fall off my health tree into my neighbor's yard due to bad weather. Albany, Johnstown, Saugerties, Amsterdam, Maynard, O'Connor, Smith & Catalinotto, LLP – Personal Injury, Fallen Trees and NY Premises Liability for Homeowners. State your concerns clearly, and ask them to get their tree evaluated by a Certified Arborist. However, if you can prove your neighbor was negligent in caring for the dead or dying tree, it could easily become their insurance company’s problem. (However, be aware that you would be responsible if you cause damage while cutting your own tree. Signs of tree damage might include trunks that are tilted and leaning, signs of disease, limbs that are bare of leaves, or visibly apparent cracked and broken limbs. An exception to this, attorney Steve Goldman with The Goldman Firm said, is … Because of this, the tree became lopsided now laying slightly in the neighbor’s direction. A Personal Injury Law Firm You Can Trust. If an otherwise healthy tree or limb fell during a bad storm, the homeowner may be able to rely upon an “act of God” defense. The insurance company is usually responsible for taking care of the damages. While the law states that the fallen tree in your yard, whether it is yours or not, is your responsibility to remove, your neighbor may be willing to help out. However, that is not necessarily true. If your neighbor’s tree has fallen on your property, it is you who is responsible for the damage incurred. For example, a healthy tree that falls over during a tornado, hurricane, windstorm or winter storm would not be the responsibility of the … Either way, you need to know that your neighbor has received your communication. Therefore, we recommend that you hire an insured professional for any significant landscaping projects.). Q: I live in a single-family house, adjacent to a large condo in Roslyn, N.Y. A big tree on the condo’s property has roots encroaching onto my property. You may not go onto the neighbor's property or destroy the tree. Again, if you’re not sure if a tree needs maintenance, it’s probably best to get a tree consultant to assess the risk. If the neighbor took reasonable care of the tree … The oak is the responsibility of the present homeowner. The mere fact that a tree falls does not necessarily imply negligence. The tree owner is responsible, if he’s been warned to take it down and he didn’t. Since these types of claims can become very complex, it is likely in your best interest to work with an experienced attorney throughout the process. I've tried to be a good neighbor, but they have not been due to many other reasons. Trees that may have started out small and manageable have a natural tendency to grow and mature so that, in time, branches overhang a property line. While the neighbor’s have the right to prune branches hanging over their property line, the branches create a nuisance. Who Is Responsible If a Neighbor’s Tree Falls on Your Property? Contact us today! It’s possible for you to be held responsible for resulting damage to your neighbor’s house or property, if your tree falls due (in whole or part) to your own neglect. Neighbors and Trees. A. With the winter season upon us, trees often become heavy with snow and ice, sometimes causing large limbs to snap and fall to the ground. If the tree is on the property line, both property owners share the value of the tree and are responsible for upkeep on their side of the boundary line. As a general rule, if a tree limb protrudes on your property, and presents a possible risk of harm, you have the right to exercise “self help,” and remove it yourself before it causes damage. New York Property Line and Fence Laws at a Glance. It is far better to be proactive than continue to allow dangerous/hazardous property conditions to present a liability. © 2020 Maynard, O'Connor, Smith & Catalinotto, LLP – Personal Injury, 3154 Route 9w Saugerties, NY 12177, 122 West Main St. I would just like to know my rights and responsibilities. A Personal Injury Law Firm You Can Trust. However, if the tree fell because it was dead and rotting, you might possibly make a case that your neighbor is responsible for any damages due to negligent upkeep. The neighbors would have a right to sue, especially if any damages arise from the branches or entire tree falling. Tree disputes can take many forms, such as trees that fall on a neighbor's property and cause damage or circumstances where a neighbor's tree blocks what would be a scenic or otherwise pleasant view. The best way to avoid such a claim is to prevent it in the first place, by looking for early signs of trouble and maintaining the trees on your property. Every major storm brings threats to homeowners. Given its present angle of tilt, it could fall on the neighbor’s house. Who is responsible, when your tree, or a branch from your tree, falls on your neighbor’s garage or fence or shed and causes serious damage? If leaves, acorns, twigs or other debris from a neighbor’s tree falls onto your property, you are responsible for cleaning this debris up. It is accepted law in all states that a tree whose trunk stands wholly on the land of one person belongs to that person. Does that impact my ability to pursue compensation if I am injured? Litigating a tree case can require investigation, discovery, and sometimes even requires expert proof from an arborist of tree specialist. When leaves fall from your tree and create debris in … Many homeowners are surprised to discover that if a neighbor’s tree falls on their house, it’s usually their own homeowners policy—not their neighbor’s—that will cover the cost of the damages. This field is for validation purposes and should be left unchanged. When such damage occurs to your neighbor’s home due to forces outside your control, e.g., weather events, your neighbors may have to file a claim with their insurer to receive a reimbursement for the damage a down tree or branches cause. If the trunk stands partly on the land of two or more people, it is called a boundary tree, and in most cases it belongs to all the property owners. Editor’s Note: This post was originally published in 2017 but has been updated as of June 2018. Your neighbor. There is one exception, however. Proof that the neighbor was aware of such concerns may be indicative of negligence. While it may not be necessary to remove the tree, an arborist can identify hazards, disease and decay and propose remedies. As a property owner, one has an obligation to regularly inspect their property and remove or repair anything that may present a risk of harm to others. A homeowner sought advice from a real estate professional about potential liability for the 250 year old oak in the back yard because it extended over the next door neighbor’s property line. Trees are a common dispute among neighbors. Does that impact my ability to pursue compensation if I am injured? When negligence is not a factor, Connecticut law states that whosever property a tree falls on is responsible. Johnstown, NY 12095. Most trees have a replacement value of between $500 and $2500. The insurance company is usually responsible for taking care of the damages. In this case, the law is clear. I lost a tree and it fell on part on my neighbor’s fence, and he is becoming a bit belligerent over it. If a neighbor’s tree falls in your yard, you might expect that the neighbor is responsible. A lot of people call us and say, hey, this tree fell from my neighbors house into our yard, and I want you to give us an estimate and we’ll give it to them. If a tree falls down into another’s person’s yard due to natural causes like a storm, the tree owner is not liable. Ornamental or landmark trees can have a … Your insurer will likely send an investigator to your home to take photographs of the damage and render estimates for the cost of repairs. In order to hold a neighbor liable for the damages to your property caused by a fallen tree, there must be proof that the neighbor was aware that their tree was unsafe. Albany, Johnstown, Saugerties, Amsterdam, Maynard, O'Connor, Smith & Catalinotto, LLP – Personal Injury. If you were unaware of the tree’s condition then you are not liable for the damages to your neighbor’s property. Governor Cuomo Suspends Statute of Limitations in New York State, All-Terrain Vehicle Safety & New York State ATV Laws, Understanding New York State’s Serious Injury Threshold, For Matrimonial & Family Law, visit AlbanyDivorce.com, Illegal Trash-Outs / Wrongful Foreclosures. 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