Legal Question in Real Estate Law in New York
My tree bends over to neighbors property and does damage.
Last winter there was a large snowstorm that caused a great deal of snow to build up on the bushes/trees that separate my property from my neighbor. They ended up resting on top of his shed and bending the roof in. Although I offered to pay for 1/2 of a new shed, (and he agreed) I still ended up receiving paperwork that he is suing me for $1400. (The shed cost $398 brand new). Is it my responsibility in any way for a natural act like snow causing this damage? Isn't there something about an invisible line that goes up from the property line and that anything that hangs over it is the responsibility of my neighbor and not me? Can I get this thrown out of small claims court because of this and not have to miss work for this issue? (If I miss work can I counter sue him for the lost vacation wages?) If I am responsible, isn't there something regarding prorated value of the shed as it is very old. (plus he told me that he had this same issue 3 years ago with the previous owners and nothing came of it).
3 Answers from Attorneys
Re: My tree bends over to neighbors property and does damage.
Two different issues seem to be involved. If you agreed and he agreed to resolve the problem of the shed damage, that should end the issue. On the other hand, your tree limbs extending over his property and resulting in damage are your responsibility and he can sue to have you cut them back to avoid another problem. Since you have nothing in writing about your agreements, you have an uphill battle. You have no claim for lost work due to the suit, but you might be able to have the hearing date changed to one more convenient to you.
Re: My tree bends over to neighbors property and does damage.
This is why you bought Homeowner's insurance. Submit the matter to your insurer and let them fight with him.
Re: My tree bends over to neighbors property and does damage.
Unless he can prove you knew of this ongoing problem I see no legal liability.
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