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I have a tree on my property. A part of the tree spreads…

Customer Question
Hi, I have a...

Hi, I have a tree on my property. A part of the tree spreads across to my neighbor, that looks dead. Woo is responsible for removing that part of the tree?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

NY

Lawyer's Assistant: Has any paperwork been filed?

The property line is not visible. I called the county and they could not really identify a demarcation. The neighbor has done a unilateral survey and claims that the entire tree trunk is on my property with a notice that if any future damage is caused to their property by falling branches or part of the trunk, then the entire responsibility is mine. I have requested joint discussion to identify problem and solution. They have not responded to my request for discussion.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I do not wish future litigation. I need to know if it is my responsibility or joint responsibility?

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 21 minutes by:
12/18/2017
Real Estate Lawyer: Marsha411JD, Lawyer replied 4 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Real Estate Law
Satisfied Customers: 20,752
Experience: Licensed Attorney with 29 yrs. experience with Real Estate
Verified

Hello,

Thank you for the information and your question. Normally, the property owner who's property has a neighbors overhanging tree would have the right to trim back any portion hanging over their property as long as it won't result in making the tree unstable or kill it. If they failed to trim, then any damage from a falling branch is their responsibility. In other words, the non-tree owning neighbor has a duty to mitigate.

However, there are exceptions. In this case if the owner of the tree knows, or should know, that the tree is diseases or dying, either in part of wholly, then they have the duty to remedy the situation. If they fail to, then the neighbor who is affected by the dead or dying tree (or branch) will have a cause of action against the tree owner for any damages that branch might cause to the neighbors property when it falls.

Once you establish either by agreement or a formal survey the ownership of the tree, then you can apply the common law as I described it to your situation.

Please feel free to ask for clarification if needed. If none is needed, then if you could reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

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Marsha411JD
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Category: Real Estate Law
Satisfied Customers: 20,752
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