Legal Question in Real Estate Law in New York

fallen tree over fence

if my neigbors tree falls over my fence who is responsible for removal of said tree?


Asked on 10/17/03, 7:50 am

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: fallen tree over fence

The owner of the tree is responsible for removal and any damages resulting from its falling on your fence. He should be covered for this under his homeowners insurance.

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Answered on 10/17/03, 4:00 pm
David Slater David P. Slater, Esq.

Re: fallen tree over fence

Depends upon the reason it fell. If the cause is nature (weather), no one is responsible. If the tree is rotted, and the owner knows of it, he will be responsible. If limbs of the tree overhang your property you may prune it back.

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Answered on 10/17/03, 5:48 pm


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