Full question:
I live in the Town of Oyster Bay, Nassau County, NY. Two healthy trees from the corner of my property fell during Tropical Storm Irene. One fell across my yard. One across my rear neighbor's yard. Am I responsible for the cost of having the tree removed from my neighbor's property?
- Category: Trees
- Date:
- State: New York
Answer:
Generally, if a tree from your property falls on a neighbor's property, you are only responsible for removal costs if your failure to maintain the tree contributed to the incident. If the tree fell due to a storm or an act of God, you typically aren't liable, as such damage is unforeseen.
If the tree was well-maintained and fell during a storm, you are not responsible for the damage. However, if a tree limb was precarious and you ignored warnings to maintain it, you could be liable for any resulting damage when it fell. Additionally, if your tree encroaches onto your neighbor's property and causes damage, you may need to remove it.
In cases of boundary trees, which are planted on the property line, mutual agreement is needed for removal. Liability for damage typically falls on the tree owner only if negligence in maintenance is proven.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.