Johnstown, NY 12095. Fallen Trees and NY Premises Liability for Homeowners. 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. If your neighbor’s tree falls during a storm and damages your house, you should still be covered by your homeowners insurance policy. 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. It’s important to keep in mind that you could be found responsible if your own tree causes damages to a neighbor’s property. 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. An exception to this, attorney Steve Goldman with The Goldman Firm said, is … 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 leaves, acorns, twigs or other debris from a neighbor’s tree falls onto your property, you are responsible for cleaning this debris up. We can help you understand if your situation warrants legal action and, if it does, help you move forward with a premises liability case. Who is responsible for those repairs? When a tree falls over onto a neighbor's property, that neighbor should submit a claim to his or her insurance company immediately. 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. 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. 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. Your neighbor. When a tree falls over onto a neighbor’s property, that neighbor should submit a claim to his or her insurance company immediately. Most trees have a replacement value of between $500 and $2500. 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. If you were unaware of the tree’s condition then you are not liable for the damages to your neighbor’s property. 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. It might seem unfair that if it’s your neighbor’s tree that damages your home, you should have to pay. 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. Either way, you need to know that your neighbor has received your communication. Because of this, the tree became lopsided now laying slightly in the neighbor’s direction. Likewise, if the tree had fallen on the neighbor’s home, the neighbor’s insurance would have covered his loss. Does that impact my ability to pursue compensation if I am injured? There are some things to consider if you have a problem with a tree on a shared property line: One of the best things to do is to regularly have large trees trimmed. Saugerties, NY 12177, 122 West Main St. 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. Saugerties, NY 12177, 122 West Main St. 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. Again, if you’re not sure if a tree needs maintenance, it’s probably best to get a tree consultant to assess the risk. However, that is not necessarily true. The Town came and cut down half the tree to clear out the road. 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 it may not be necessary to remove the tree, an arborist can identify hazards, disease and decay and propose remedies. Funny thing about trees: If a tree or limb falls onto your neighbor’s property and damages it, your neighbor’s home insurance will pay for the damage as well as the cleanup; but only for their side. I've had five foot branches fall off my health tree into my neighbor's yard due to bad weather. I lost a tree and it fell on part on my neighbor’s fence, and he is becoming a bit belligerent over it. Neighbors and Trees. 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 … 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. The neighbors would have a right to sue, especially if any damages arise from the branches or entire tree falling. 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. (However, be aware that you would be responsible if you cause damage while cutting your own tree. 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. Their Property, Their Homeowners Policy. © 2020 Maynard, O'Connor, Smith & Catalinotto, LLP – Personal Injury, 3154 Route 9w Who Is Responsible If a Neighbor’s Tree Falls on Your Property? 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. Tell them that if the tree falls and injures or kills someone, or damages your property in any way, you will hold them responsible. No damage to their property has occurred. The mere fact that a tree falls does not necessarily imply negligence. or constructive notice (should the neighbor have known, in the exercise of reasonable care, that their tree presented a risk of danger?). However, such claims can often prove to be complicated. In order to bring a claim against your neighbor, all of this must be thoroughly investigated. A Personal Injury Law Firm You Can Trust. - Answered by a verified Real Estate Lawyer We use cookies to give you the best possible experience on our website. I've tried to be a good neighbor, but they have not been due to many other reasons. My neighbors tree fell down in my yard during a wind storm. Editor’s Note: This post was originally published in 2017 but has been updated as of June 2018. 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. 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. Posted on: June 8th, 2018. There is one exception, however. If the neighbor took reasonable care of the tree … When police officer came and blocked out road my neighbor told police officer it was my tree but it was clear it was on the border on his property and a quarter on mine. It is far better to be proactive than continue to allow dangerous/hazardous property conditions to present a liability. (The Tree Care Industry Association lists accredited tree … 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. If you do damage the tree, your neighbor can sue you for triple the stumpage value of the tree. 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? 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. In this case, the law is clear. This is true if the tree fell over due to an act of nature. Ready to take the first step towards obtaining the compensation you’re entitled to? The tree owner is responsible, if he’s been warned to take it down and he didn’t. It is accepted law in all states that a tree whose trunk stands wholly on the land of one person belongs to that person. 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? Fallen trees are near the top of every list of potential disasters. © 2020 Maynard, O'Connor, Smith & Catalinotto, LLP – Personal Injury, 3154 Route 9w 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 you have suffered personal injury or property damage as a result of a fallen tree, please contact us for a free consultation. The homeowner was reluctant to have it cut down due to the cost and aesthetics, but wanted to legally be in the clear. A. 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. I would just like to know my rights and responsibilities. Albany, Johnstown, Saugerties, Amsterdam, Maynard, O'Connor, Smith & Catalinotto, LLP – Personal Injury, Fallen Trees and NY Premises Liability for Homeowners. In some cases a neighbor's tree may actually block a view of something unpleasant -- such as a garbage collection site or freeway … I signed a waiver. If a tree falls down into another’s person’s yard due to natural causes like a storm, the tree owner is not liable. A Personal Injury Law Firm You Can Trust. If your neighbor’s tree has fallen on your property, it is you who is responsible for the damage incurred. While you may adore that special tree that sits near the property line between you and your neighbor, your neighbor may feel differently. Homeowners are responsible for acting reasonably in caring for their trees and other property. You may not go onto the neighbor's property or destroy the tree. State your concerns clearly, and ask them to get their tree evaluated by a Certified Arborist. In New York state, if a tree on my property falls on a neighbor's house, am I liable for the damage? Contact us today! Causation means that the neighbor's breach of duty was responsible for the tree falling onto your property, and that it was foreseeable to a reasonable person in your neighbor's position that the tree would fall down if steps were not taken to prevent it from falling. This field is for validation purposes and should be left unchanged. With high winds and heavy snow, entire trees may topple over. As experienced premises liability lawyers serving Albany, Saugerties and Johnstown, and the surrounding areas, we can help you obtain the compensation you deserve. Given its present angle of tilt, it could fall on the neighbor’s house. Proof that the neighbor was aware of such concerns may be indicative of negligence. The insurance company is usually responsible for taking care of the damages. If a neighbor’s tree falls in your yard, you might expect that the neighbor is responsible. When leaves fall from your tree and create debris in … That's right, even if the tree is rooted in your neighbor's yard, if it crashes onto your property, it's your problem. Call us at (800) 721-3553 or contact us online to set up a free case review. Johnstown, NY 12095. Before getting upset, remember that it is very likely that your insurance will cover any damages and the cost of removal as well. The oak is the responsibility of the present homeowner. Looking for additional legal insight regarding fallen trees? Your insurer will likely send an investigator to your home to take photographs of the damage and render estimates for the cost of repairs. Tree cases can be tricky, and are frequently factually specific. This requires proof of either actual notice (did you previously point out concerns about a tree, and ask your neighbor to resolve it?) Trees are a common dispute among neighbors. Albany, Johnstown, Saugerties, Amsterdam, Maynard, O'Connor, Smith & Catalinotto, LLP – Personal Injury. 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. New York Property Line and Fence Laws at a Glance. 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. What to Do . 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. Therefore, we recommend that you hire an insured professional for any significant landscaping projects.). Litigating a tree case can require investigation, discovery, and sometimes even requires expert proof from an arborist of tree specialist. that the tree's … Editor’s note: This content was originally published in 2015 but has been updated as of January 2019. 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. 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. Does that impact my ability to pursue compensation if I am injured? Can they just throw all the branches over the fence into my back yard? 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