Paris & Chaikin, PLLC
Call Right Now: 646-741-4005
Need A Ride? We offer car service to and from our office
Free Consultations Se Habla Español
View Our Practice Areas

Trees can present liabilities to homeowners

A homeowner sought advice from a real estate professional about potential liability for the 250-year-old oak in the backyard because it extended over the next-door neighbors' property line.

The branches had been trimmed on the property owner's side by a previous owner, but they continued to grow on the side over the neighbor's yard. Because of this, the tree became lopsided and now leans slightly in the neighbors' direction.

The concern was that, due to its advanced age, the tree would eventually topple at some point. Given its present angle of tilt, it could fall on the neighbors' house. The homeowner was reluctant to have it cut down due to cost and aesthetics, but wanted to legally be in the clear.

In this case, the law is clear. The oak is the responsibility of the present homeowner. While the neighbors have the right to prune branches hanging over their property line, the branches create a nuisance. The neighbors would have a right to sue, especially if any damages arise from the branches or entire tree falling.

While it might not be necessary to remove the tree, an arborist can identify hazards, disease and decay and propose remedies. It is far better to be proactive than continue to allow dangerous property conditions to present a liability.

If your property is jeopardized by landscaping features or hazards from adjacent buildings that have become unstable, you may have a cause of action to file a lawsuit on the grounds of premises liability. To find out your rights in the matter, you could turn to a Manhattan legal or real estate professional for guidance.

Source: The New York Times, "Keeping a Fire Escape Clear," accessed Aug. 27, 2015

No Comments

Leave a comment
Comment Information
Luxury Car Service To And From The Office

Contact Us For A Free Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

  • Million Dollar Advocates Forum
  • Multi-Million Dollar Advocates Forum
  • Super Lawyers
  • Best Lawyers
  • New York State | Trial Lawyers Association
  • 10 BEST 2015-2016 | 2 Years Client Satisfaction | American Institute of Personal Injury Attorneys
Paris & Chaikin, PLLC

225 W. 34th Street, Suite 2202 (14 Penn Plaza) New York, NY 10122 Phone: 646-741-4005 New York Law Office Map

Free Initial Consultation - Se Habla Español