Legal Question in Civil Litigation in New York

liability if known rotten tree falls in neighbors yard

If a known to be rotten, very large tree repeatly falls in neighbor yard, who is responsible to clean up and for any damage to neighbors property


Asked on 7/15/06, 2:52 pm

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: liability if known rotten tree falls in neighbors yard

If the tree is known to be or is obviously "rotten" and falls on your property, it is the responsibility of that person (owner of tree) to pay for removal from your property, etc.

FYI, if healthy tree (NOT VISIBLY ROTTEN) falls on your side due to storm, etc., it is your responsibility (a.k.a your ins co) to pay for removal. Doesn't sound fair but that's the law.

Usually, the neighbors will split the cost of removal to keep the peace.

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Answered on 7/15/06, 9:16 pm


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