Legal Question in Real Estate Law in New York

tree falling

I live in Dutchess Cty. NY. Last night a tree from my neighbor's yard fell and hit my outdoor furnace, chicken coop, garage and destoyed my chicken fencing. How much are the neighbors liable.The tree was just over the property line and has been dead for years. The people who own the property live over in Conn. and pretty much are never seen


Asked on 12/08/08, 8:15 am

1 Answer from Attorneys

Raymond Iaia Coldwell Banker Village Green Realty

Re: tree falling

If the tree was on the neighbor's property before it fell, your neighbor is responsible. Presumably, your neighbor has property insurance and the damage to your home will be covered as long as your neighbor submits a claim to his insurance carrier. You should send a certified letter to your neighbor as soon as possible. Also, document the damage to your property with photographs. Finally, even though this is your neighbor's responsibility, you should submit a claim to YOUR insurance carrier, who can probably assist in having your neighbor's insurance company pay for the damage. Good luck.

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Answered on 12/08/08, 2:41 pm


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