You wake to a loud crash and discover a large branch from your neighbor’s tree has damaged your roof. Frustrating? Absolutely. But is it actionable? Can you sue your neighbor for the trouble their trees are causing or have caused?
Determining whether you have a valid claim
To establish liability, you must consider several factors:
- Notice: Did your neighbor have knowledge of the tree’s condition, or should they have known about it?
- Reasonable care: Did your neighbor take reasonable steps to prevent the damage, such as trimming or removing the tree?
- Foreseeability: Was the damage a foreseeable consequence of the tree’s condition?
- Causation: Did the tree’s condition directly cause the damage to your property?
New York law recognizes the importance of trees but also acknowledges the potential risks they pose. The state follows the “Massachusetts Rule,” which generally holds property owners responsible for maintaining trees on their land. This rule implies that if a tree on your neighbor’s property causes damage to your property, your neighbor may be liable.
While you have the right to trim branches that extend onto your property, you cannot cut the entire tree or damage it in a way that could kill it. Doing so could result in you facing legal consequences.
If a healthy tree falls and causes damage during a storm, courts may consider this as an “Act of God,” and the property owner may not be accountable. But if the tree is visibly diseased or damaged and the owner fails to address the issue, they could be found negligent and responsible for the resulting damage.
Legal guidance can help in branching out a solution
Maintaining open communication with your neighbor is often the first step in resolving tree-related issues. Many disputes can be settled amicably without resorting to legal action.
When negotiations fail, litigation may be your only recourse. If you are considering taking matters to court, having a qualified attorney in your corner can be advantageous in protecting your interests.