If a neighbor’s tree fell in my yard, who is responsible for the cleanup/damage?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a neighbor’s tree fell in my yard, who is responsible for the cleanup/damage?
Asked on January 10, 2016 under Real Estate Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If the tree was healthy and blew down in a storm, then your neighbor's are not responsible. It's falling was an "act of god". If, however, the tree was dead/dying and fell and they knew (or should have known) but did nothing, then they are responsible. It all comes down to negligence. What did the neighbor do or not do that caused the damage. In other words, did they fall to cut down a dead or dying tree?
Note: If your neighbor was not negligent, then check to see if you have coverage under you homeowner's policy.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.