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.
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. Because of this, the tree became lopsided now laying slightly in the neighbor’s direction.
The concern was that, due to its advanced age, the tree would eventually topple at some point. Given its present angle of tilt, it could fall on the neighbor’s house. The homeowner was reluctant to have it cut down due to the cost and aesthetics, but wanted to legally be in the clear.
Who is Responsible for a Fallen Tree? Understanding New York Tree Laws & Premises Liability for Homeowners
In this case, the law is clear. The oak is the responsibility of the present homeowner. While the neighbor’s have the right to prune branches hanging over their property line, the branches create a nuisance. The neighbors would have a right to sue, especially if any damages arise from the branches or entire tree falling.
While it may not be necessary to remove the tree, an arborist can identify hazards, disease and decay and propose remedies. It is far better to be proactive than continue to allow dangerous/hazardous property conditions to present a liability.
Is Your Property Being Damaged by a Neighbor’s Tree? We Can Help.
If your property is jeopardized by landscaping features or hazards from adjacent buildings that have become unstable, you may have a cause of action to file a lawsuit on the grounds of premises liability.
Give us a call today at (800) 721-3553, contact us online for a free case review, or reach out to us using the form below. We can help you understand if your situation warrants legal action and, if it does, help you move forward with a premises liability case.
As experienced premises liability lawyers serving Albany, Saugerties and Johnstown, and the surrounding areas, we can help you obtain the compensation you deserve. Contact us today!
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Editor’s Note: This post was originally published in 2017 but has been updated as of June 2018.
