Legal Question in Real Estate Law in New York

I live in a fairly rural area. My home is located about 16 feet from the property line. The property immediately to that side of my home is wooded and there is a approximately 100 foot pine tree on that property located about 40 feet from my house. This tree is dead and is showing signs of serious deterioration. Should it come down in a storm or any time for that matter, I estimate that there is about a 30% chance that it would land on my home. I base this on the topography of the land and the angle albeit slight that the tree is leaning. In addition, about 25 feet from the ground, it splits into two, which increases the chances that at least a part of it will come down at some point in the reasonably near future. This tree really needs to come down. The owners of the property are absentee owners in that it is a part of a summer camp. The owners are difficult to contact and are not attentive to the issues on our road or even the law for that matter.

What are my options?


Asked on 9/21/10, 6:39 am

2 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

I would first send a certified letter to the owners of the adjacent property informing them (nicely) of the fact that a tree is rotting on their property and that there is a significant possibility that it will hit your house in a storm.

The letter is important by placing your neighbor on notice of problem. If after the letter the tree does fall on your house, you would have a potential claim against the neighbor for negligence.

If nothing happens after the letter (doubtful), I would then contact your insurance company and inform it of the problem and potential claim. Again, this would protect your interest should the tree fall and hit your house.

Finally, I would contact the local government about the problem. I would not bring an action in nuisance or tresspass since the tree is located on the other property and such an action may be frivilous.

Mike.

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Answered on 9/27/10, 5:38 am


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