Wednesday, October 22, 2014

What is the NY state law regarding responsibility for trees down on property? My tree fell on my neighbor's property with no damage done. I ...

Question

What is the NY state law regarding responsibility for trees down on property? My tree fell on my neighbor's property with no damage done. I am being told each homeowner is only responsible for what is on their own property. Just as I took care of and removed the many tree limbs from other people's trees on my property. What is the law in NY though?



Answer

The law is complicated. So long as a tree is in its "natural condition," the owner of the tree owes no duty to neighbors to keep the tree "safe." The neighborly thing to do is to remove the whole tree, but then just because they're right next door does not make those people your "neighbors."



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