Legal Question in Real Estate Law in New York

Your neighbor is a little confused. If parts of his tree are growing over into your yard space, you have the right to cut them off at the property line. But if his tree falls into your property, causing damage, he is liable. Ask him to forward your claim to his property insurance company. They should make good. If not, you can always sue him in Small Claims Court. Maybe you'll even get on one of the judge shows.

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

I think Arnold Nager and not the neighbor is a little confused.

"The law in this area is clear and long standing: absent actual or constructive notice of a tree's disease or defect, the tree's owner is not responsible for damage caused when his or her tree falls onto an adjacent property due to wind, storm or other natural causes." Premium Point Park Ass'n v. Lanza, 14 Misc.3d 1215(A) (NY City Ct. 2007).

For example, the Court of Appeals decision in Ivancic v. Olmstead, 66 N.Y.2d 349 (1985), held that "it is established that no liability attaches to a landowner whose tree falls outside of his premises and injures another unless there exists actual or constructive knowledge of the defective condition of the tree."

Therefore, unless your neighbor had notice that the tree that caused damage to your property was rotting, diseased or defective, he or she is not liable for your damages.

Mike.

Michael Markowitz is correct.

As unfair as it seems.........it is true.

It happened to me too.

Makes for lousy neighbor relations when the neighbor refuses to voluntarily even split the cost.

Which mine didn't.

Next big storm, one of mine fell onto their side. Sweet.