Legal Question in Real Estate Law in New York

There are trees on the side of the road I live on in front of my house. The town's right of way goes into about 4 inches of the tree and the rest of the tree is on my property. The tree is almost completely dead and may fall on my house. Whose responsibility is it to pay for tree removal, and if the town is responsible for the tree and the tree falls on my house is the town liable for actual value of the house or replacement value

Asked on 9/04/13, 7:51 am

1 Answer from Attorneys

Jignesh Shah Law Office of Jignesh J. Shah, LLC

The right of way doesn't grant the town ownership over those 4 inches of your property. You are still the property owner.

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Answered on 9/04/13, 7:55 am

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