Legal Question in Civil Litigation in New York
Oops, fence fell on his trees
I recently moved into another house, and one property line is divided by a stockade fence, rather old and decaying. My neighbor on that side planted some shrubs along his side of the fence, and then came over to warn me that if the fence fell on his trees (8'' high pine seedlings),he would sue me. Being that we just moved in, I did not have the time or the resources to replace the fence, so I tied it up as best I could to prevent it from blowing over. I purchased new stockade sections this fall, and intended to replace the fence with them this spring. During the violent winds of Jan 14-15, two sections of this fence blew down on top of four of his seedlings. It appears that 2 may be badly damaged, the other 2 appear ok. This man is not someone who can be talked to, and it is a known dact that he wants the stockade fence down and not put back up. I dont anticipate any cooperation here. I am willing to pay to replace the damaged seedlings, but I know he wont ask me. Can he just haul me into court? Does his homeowners insurance have to get involved first? I know he will make a supersize deal of these 2 trees, what can I do, or at least what can I expect?
3 Answers from Attorneys
Re: Oops, fence fell on his trees
If you are sued, turn the summons and complaint over to your homeowners insurer and do what they tell you.
This is a very common theme. People get attached to their trees, apparently.
Re: Oops, fence fell on his trees
Put your insurer on notice regarding the above. I can't imagine the damage will be excessive.
Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.
Re: Oops, fence fell on his trees
Its unfortuante to have to deal with a neighbor like that. He should look to his insurance first, as you can do to yours too. You can't stop him from filing suit but can refer it to your insurance for coverage and defense. Otherwise, do the best you can to "mend your fence" and, if he wants to make a big deal, don't give him too much attention.
Feel free to contact me if you have any further questions.
Kind regards,
Peter Moulinos
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