Legal Question in Wills and Trusts in New York
If you have a tree on your property and the branches of the trees are hanging over a neighbors yard and destroy their property is the homeowner responsible?
Asked on 8/29/11, 1:19 pm
2 Answers from Attorneys
Norman Nadel
Norman Nadel, Esq.
The tree owner is responsible.
Answered on 8/29/11, 1:24 pm
Michael Markowitz
Michael A. Markowitz, PC
Mr. Nadel gives the wrong answer. A tree owner is not responsible for damage to a neighbor's property unless the owner of the damaged premises shows that the tree owner had either actual knowledge of the defective nature of the tree or constructive notice of the dangerous condition (see Ivancic v. Olmstead, 66 N.Y.2d 349 [1985]).
Mike.
Answered on 8/29/11, 2:20 pm
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