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Tree Encroach on neighbor space NYC.

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1qaz9106

Member
There is a big and tall tree in my back yard. The branches are extended to neighbor's back yard. He is afraid if bad weather damaged the tree and falls on his family members ,there would be a problem and he could sue us.

1. Is it going to be my liability if tree really fall on people due to weather? if it is my liability, is it covered by my home insurance, I have 1 million liability coverage is this enough?

2.Is it legal for us to cut down the tree on our own?

PS: The address is in Queens, New York.

Thank you in advance.
 


adjusterjack

Senior Member
Is it going to be my liability if tree really fall on people due to weather?
Normally, no. But in this case you have been notified that it appears to be hazardous. If wind blows branches down when it could have been prevented by trimming back the branches I can see (maybe) a case being made for your negligence.

if it is my liability, is it covered by my home insurance,
Your insurance pays if you are negligent, defends if you aren't, sometimes pays regardless of fault to get rid of small claims quickly.

I have 1 million liability coverage is this enough?
Is that a personal umbrella policy that adds a million to your auto and homeowner policies? Should be enough for most contingencies.

Is it legal for us to cut down the tree on our own?
Yes. It's your tree. However, trees are beautiful things and not easily replaced. Consider trimming the tree instead of cutting it down.
 

zddoodah

Active Member
Is it going to be my liability if tree really fall on people due to weather?
Probably not. However, if you know or have reason to know that the tree's condition is such that it is unlikely to withstand normal weather incidents in the area, then you could have liability.

if it is my liability, is it covered by my home insurance, I have 1 million liability coverage is this enough?
Enough for what? Personal injury cases certainly can be worth lots more than $1 million. And yes, your homeowner's insurance would likely provide coverage.

Is it legal for us to cut down the tree on our own?
I doubt there's any law that prohibits it, but do you have the necessary skill to safely cut down a "big and tall tree [with] branches [that] extend[] to [your] neighbor's back yard"?

But in this case you have been notified that it appears to be hazardous.
Well...the OP has been informed that the neighbor "is afraid [that,] if bad weather damaged the tree and [it fell] on his family members, there would be a problem." For all we know, the neighbor is just a nervous Nellie who knows nothing about assessing tree hazards and the tree is just fine.
 

FarmerJ

Senior Member
After this many days I cant help but wonder if the OP contacted a arborist and had the tree evaluated and was given recommendations by that arborist?
 

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