Legal Question in Real Estate Law in New York

I am having a dispute with a neighbor. We have a tree that is growing between both properties. ( The property line goes through the middle of the tree.) She wants to cut it down and we do not. Ihave given her permission to pay to have it removed, but she wants me to sign a paper saying that I won't sue her after it is gone. I won't sign anything. She is afraid that I will change my mind and say that I wanted the tree there. There is nothing wrong with the tree,and it is not impacting anything, she just thinks it is ugly. The question I have is this. She has told me that she contacted her insurance company and they told her that if I refuse to take the tree down and it falls on her house in a storm that she can sue me for the damages. Is this true?


Asked on 4/14/11, 1:42 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Q. She has told me that she contacted her insurance company and they told her that if I refuse to take the tree down and it falls on her house in a storm that she can sue me for the damages. Is this true?

A. If there is nothing wrong with the tree (it is healthy and does not show signs that it will fall), the answer is no.

Mike.

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Answered on 4/14/11, 2:08 pm


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