Legal Question in Real Estate Law in New York
Accidentally cutting tree on property line, am I responsible?
I accidentally cut a tree down that I thought was on my property line becaue it was leaning over my neighbor's house, was big and old and I was afraid if it fell, it could do harm. Turns out the tree straddled both properties and the own is furious I cut the tree down. He wants me to replace it to the tune of $10k or he is going to sue me.
The tree was half mine.
I made an honest mistake.
The neighbor was home at the time, but never said anything to me or the tree cutters.
I think the value of the property is actually enhanced without the tree, since it was leaning over his roof.
What would my chances in court be if I get sued? Should I just go ahead and cough up the $10k?
1 Answer from Attorneys
Re: Accidentally cutting tree on property line, am I responsible?
If the tree is on the property line it means that you and your neigbor 1/2 own the tree as a tenant in common. Therefore, your neighbor has a 1/2 interest in the tree. See, Hollenbeck v. Genung, 198 A.D.2d 677, 603 N.Y.S.2d 353 (3rd Dept. 1993).
Concerning damages, since your neighbor has 1/2 interest in the tree, he is damaged 1/2 of the value of the tree. If the value of the tree is $10K, the neighbor is damaged $5K. Furthermore, your neigbor may be entitled to treble (3X) damages under NY RPAPL section 861. Therefore, pursuant to law the $5K may be multiplied to $15K.
I would first try to have your neighbor agree for you to replace the tree. If that is no good, I would obtain a good faith estimate for the value of the tree and determine whether the neighbor would be willing to settle for that number. If there is a settlement, it must be in writing and signed by your neighbor.
Mike.
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