Legal Question in Real Estate Law in New York

Tree limb damage
During a recent storm with 70 MPH winds, one of the four large limbs from my cherry tree broke and fell on my neighbor's yard. It did not land on any structure, just lawn and gardens. The tree is on my property, but is close to the line and this limb had grown out over his property (when we moved here it was there, as a large mature tree). I was told that since it landed on his side that it is really his responsibility (by a tree removal company). I would like to be a good neighbor, and have suggested to my neighbor that we split the cost.
Who is legally responsible for the cost of this removal?
Thanks for any advice you can give me.

Asked on 7/24/03, 1:01 pm

David Slater David P. Slater, Esq.

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Re: Tree limb damage

Legally, he is. Neighborly, you are.

Answered on 7/24/03, 1:04 pm

Debra Palazzo Law Offices of Debra Palazzo, LLC

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Re: Tree limb damage

Since the branch hung over his property he had the right to cut the branch off. He didn't, he's liable.

Answered on 7/24/03, 8:42 pm

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