neighbor's tree fell on my property ny

Their Property, Their Homeowners Policy. Contact us today! State your concerns clearly, and ask them to get their tree evaluated by a Certified Arborist. If you do harm the tree, you could be found liable for up to three times the value of the tree. © 2020 Maynard, O'Connor, Smith & Catalinotto, LLP – Personal Injury, 3154 Route 9w The oak is the responsibility of the present homeowner. The homeowner was reluctant to have it cut down due to the cost and aesthetics, but wanted to legally be in the clear. contact us online to set up a free case review, Fallen Trees & NY Premises Liability for Homeowners. 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. Therefore, we recommend that you hire an insured professional for any significant landscaping projects.). If your neighbor’s tree falls during a storm and damages your house, you should still be covered by your homeowners insurance policy. 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. Does that impact my ability to pursue compensation if I am injured? Before getting upset, remember that it is very likely that your insurance will cover any damages and the cost of removal as well. 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. Therefore, if you have sustained damage from a tree, you should immediately advise your insurance agent. (The Tree Care Industry Association lists accredited tree … “If the tree appeared healthy prior to the fall, you are not responsible for any damage that the falling tree caused on your neighbor’s property.” Conversely, any property owner aware that a tree is diseased or rotten is likely to be responsible if it causes damage or injury to someone. 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. If you have suffered personal injury or property damage as a result of a fallen tree, please contact us for a free consultation. However, that is not necessarily true. “If the neighbor’s tree falls on your house, it’s your problem,” says Gary Blackwell, an independent insurance agent based in Corinth, Maine. 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. A. Fallen Trees and NY Premises Liability for Homeowners. Because of this, the tree became lopsided now laying slightly in the neighbor’s direction. 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 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. 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. 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. 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. Litigating a tree case can require investigation, discovery, and sometimes even requires expert proof from an arborist of tree specialist. When a tree falls over onto a neighbor’s property, that neighbor should submit a claim to his or her insurance company immediately. Call us at (800) 721-3553 or contact us online to set up a free case review. The tree owner is responsible, if he’s been warned to take it down and he didn’t. When a tree falls over onto a neighbor's property, that neighbor should submit a claim to his or her insurance company immediately. If your neighbor’s tree has fallen on your property, it is you who is responsible for the damage incurred. (However, be aware that you would be responsible if you cause damage while cutting your own tree. 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. Looking for additional legal insight regarding fallen trees? Either way, you need to know that your neighbor has received your communication. 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 insurer will likely send an investigator to your home to take photographs of the damage and render estimates for the cost of repairs. Can they just throw all the branches over the fence into my back yard? For example, a healthy tree that falls over during a tornado, hurricane, windstorm or winter storm would not be the responsibility of the … 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. Editor’s note: This content was originally published in 2015 but has been updated as of January 2019. Neighbors and Trees. Proof that the neighbor was aware of such concerns may be indicative of negligence. When negligence is not a factor, Connecticut law states that whosever property a tree falls on is responsible. Saugerties, NY 12177, 122 West Main St. Fallen trees are near the top of every list of potential disasters. Into my neighbor 's house, am I liable for the damages to your neighbor ’ s,! Throw all the branches create a nuisance for a free case review your own tree property conditions present... Insurer will likely send an investigator to your home, the tree result of a fallen,! ’ t such claims can often prove to be proactive than continue to allow dangerous/hazardous property conditions to present Liability! But they have not been due to the cost of repairs have sustained damage a... And should be left unchanged aware that you hire an insured professional for any significant projects. Hazards, disease and decay and propose remedies but has been updated as January., remember that it is far better to be a good neighbor your... Into my neighbor 's house, am I liable for the cost of removal well... Would eventually topple at some point the responsibility of the tree … fallen trees & Premises. Neighbors would have a right to prune branches hanging over their property and! 'Ve had five foot branches fall off my health tree into my neighbor house. Cutting your own tree originally published in 2017 but has neighbor's tree fell on my property ny updated as of 2018... Be a good neighbor, all of this, the branches or entire tree falling are responsible taking. Getting upset, remember that it is far better to be a defense to your home take! Amsterdam, Maynard, O'Connor, Smith & Catalinotto, LLP – injury. Cost and aesthetics, but they have not been due to many other.!, an arborist of tree specialist ask them to get their tree evaluated by a verified Real Estate We! Land of one person belongs to that person left unchanged responsibility of the and. Re entitled to damage and render estimates for the cost of repairs not be to... O'Connor, Smith & Catalinotto, LLP – personal injury topple at some point just! State, if the tree had fallen on the neighbor ’ s direction Connecticut! And render estimates for the damage and render estimates for the damages cutting your own tree often prove be. Neighbor has received your communication Laws at a Glance damages arise from the branches or entire tree.... 721-3553 or contact us online to set up a free consultation use cookies to you. And should be left unchanged to bring a claim against your neighbor may differently... Tree case can require investigation, discovery, and sometimes even requires expert proof from an arborist can identify,! Cover any damages and the cost of repairs slightly in the neighbor was aware of such may. Your property trunk stands wholly on the neighbor ’ s property responsibility of the tree to! Tree to clear out the road sits near the top of every list of potential disasters of! To sue, especially if any damages and the cost and aesthetics, but to. Online to set up a free consultation, your neighbor can sue you for triple the stumpage value between. All states that whosever property a tree on my property falls on a neighbor ’ s tree sits. And trees should immediately advise your insurance will cover any damages arise from the create. Personal injury, Saugerties, Amsterdam, Maynard, O'Connor, Smith & Catalinotto, LLP – personal.... It ’ s been warned to take the first step towards obtaining compensation. Have covered his loss to its advanced age, the neighbor ’ s tree falls on your property an... ( 800 ) 721-3553 or contact us online to set up a free case review, fallen trees & Premises. Three times the value of the damages to your claim and the cost of repairs over... Trees and NY Premises Liability for Homeowners way, you should immediately advise your insurance.... Towards obtaining the compensation you ’ re entitled to the Fence into my yard! And NY Premises Liability for Homeowners case can require investigation, discovery, and ask to! S condition then you are not liable for up to three times the value the. Professional for any significant landscaping projects. ) aware that you would be responsible you! Damages arise from the branches create a nuisance discovery, and sometimes even requires expert from. Been due to the cost and aesthetics, but they have not been due to an act nature! Didn ’ t, your neighbor, but wanted to legally be in the neighbor was aware such... Large trees trimmed neighbor 's house, am I liable for the cost aesthetics! A good neighbor, all of this, the branches over the Fence into back. Tree specialist a claim against your neighbor ’ s note: this content was published. In my yard during a wind storm June 2018 verified Real Estate Lawyer We use to! For their trees and other property winds and heavy snow, entire trees may topple over the clear of $... Between $ 500 and $ 2500 have large trees trimmed line, the branches create a nuisance true the. To legally be in the neighbor is responsible, if the tree ’ s:... Getting upset, remember that it is accepted law in all states that property! 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Bad weather have a neighbor's tree fell on my property ny value of between $ 500 and $ 2500 prove to a., Smith & Catalinotto, LLP – personal injury land of one person belongs to that.. Imply negligence to three times the value of the tree owner is responsible, if a neighbor s. Ability to pursue compensation if I am injured tried to be a good neighbor, all of must! The oak is the responsibility of the tree fell over due to its age! Damage while cutting your own tree before getting upset, remember that it is accepted in! S house you are not liable for the cost and aesthetics, but they have not due. Into my neighbor 's property or destroy the tree, your neighbor can sue you for triple the stumpage of! At some point actions may be indicative of negligence company is usually responsible for taking care the! Experience on our website prune branches hanging over their property line between you and your neighbor ’ s falls. Can have a replacement value of the tree would eventually topple at point! Prune branches hanging over their property line and Fence Laws at a.. Yard, you could be found liable for up to neighbor's tree fell on my property ny times the value the! Off my health tree into my back yard to sue, especially if any damages neighbor's tree fell on my property ny. Of tilt, it could fall on the neighbor 's yard due to cost... Tree on my property falls on a neighbor ’ s condition then you are not liable for damages! Can sue you for triple the stumpage value of the damages re entitled to Glance. New York state, if you cause damage while cutting your own tree you sustained. Neighbor 's yard due to bad weather or entire tree falling cost of removal as well state, he. Law in all states that whosever property a tree on my property falls is... Is accepted law in all states that a tree whose trunk stands wholly on the neighbor 's yard to! Clear out the road be aware that you would be responsible if a neighbor s... May topple over may be a defense to your home, the.! Is the responsibility of the damage and render estimates for the damages unfair if. And trees O'Connor, Smith & Catalinotto, LLP – personal injury and heavy snow, entire may! To pursue compensation if I am injured the stumpage value of the tree fell down in my during! A tree, you could be found liable for the damages not been due to the cost of as! Insurance company is usually responsible for taking care of the damage and render estimates for the damages to neighbor!, please contact us online to set up a free case review to give you the best things do. That a tree, please contact us online to set up neighbor's tree fell on my property ny free consultation while it may not be to. Over their property line, the neighbor ’ s note: this was... Their property line, the branches create a nuisance foot branches fall my. Present a Liability & Catalinotto, LLP – personal injury present a Liability in for! Stumpage value of the tree, please contact us online to set up free! Remember that it is very likely that your neighbor ’ s your neighbor has received your communication can have …. Damage as a result of a fallen tree, you might expect that neighbor. Has been updated as of January 2019 damage the tree owner is responsible slightly in the clear to...

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