Legal Question in Real Estate Law in New York
Am I liable?
If a tree on my property falls and strikes a neighbors house, is this an ''act of God '' or am I liable for damages. I might add that on several occasions my neighbor has come on my property, without permission, and cut branches off the tree that were over his property.
THank you
2 Answers from Attorneys
Re: Am I liable?
If the tree is diseased or weak and you are aware of it you would be responsible if it fell.
Re: Am I liable?
Normally, the homeowner on whose property the tree is located is responsible for any damage resulting to a neighbor's property. This would be covered by your homeowner's insurance policy. In your situation, the fact that the neighbor has tresspassed onto your property to trim the trees, may act to shift any responsibility. It is improper for him to trim the tree, even if hanging into his yard, without your permission. Since he has undertaking the trimming, this could be a defense to any accident that takes place if the tree falls. But, if the tree were to be struck by lightning and fell on his house, that might be an act of god, but covered by your homeowner's policy. Your responsibility even though an act of god. He trims a big branch and it causes damage. His problem since he did the work; more so, because without your permission. You could sue him for tresspass and damage for the work done, if it were to damage or kill the tree.
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