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Jun 08, Fallen Trees and NY Premises Liability for Homeowners. Posted on: June 8th, A homeowner sought advice from a real estate professional about potential liability for the year old oak in the back yard because it extended over the next door neighbor’s property line.
The branches had been trimmed on the property owner’s side by a previous owner, but they continue to grow on the side over. A clear statement of purpose or intent of this ordinance will help avoid ambiguity in interpretation. For example,"It is the purpose of this ordinance to promote and protect the public safety, and general welfare by providing for the regulation of the planting, maintenance, and removal of trees, shrubs, and other plants within the city of Pleasantville.".
A homeowner would most likely be held liable for damages for a tree that fell on a neighbor’s property if they had received prior notice from a professional that the tree was hazardous. In New York state, this would occur if, for instance, a property owner has been informed by a tree service that there is a dead tree on their property.
Feb 05, For example, a runner in Central Park injured by a fallen tree limb may hold the City of New York liable for failing to maintain the trees in Central Park. Or, for instance, if a neighbor has warned the property owner that a tree on their property is dying, yet the owner decides to do nothing about it, if that tree causes injury then the property owner may be held stumpcutting.barted Reading Time: 2 mins.
New York Tree Damage Laws. In New York, if someone damages your tree, you can recover your actual damages (usually, what you paid for the tree or what it would cost to replace the tree). (To learn what you must prove in order to get actual damages, see Nolo's article When a Neighbor Damages or Destroys Your Tree.) In New York, a specific law allows you to recover additional damages if Author: Emily Doskow, Attorney.
Oct 26, In terms of trees, New York law has established that although trees ordinarily are not nuisances, they can be if decayed or otherwise dangerously unsound. Turner, Misc. 2d at; citing Gibson v Denton, 4 App Div. In order to determine this, experts may be required to report on the condition of the stumpcutting.barted Reading Time: 7 mins.
Aug 22, State of New York, 60 A.D.3d (3rd Dep’t ) (driver swerved to avoid deer and hit tree stump three feet from roadway surface). The City’s duty to maintain safe roads only extended to conditions beyond the lanes and shoulders when a prior accident or.