Good Fences = Good Neighbors?
Whose responsibility is it to maintain and repair a chain link fence that is situated in the middle of adjoining property lines when : a gigantic tree on Neighbor X’s property drops a giantic limb onto the fence, thereby crushing it taking out a portion of Neighbor Y’s bamboo fence (attached to the chain link…
Whose responsibility is it to maintain and repair a chain link fence that is situated in the middle of adjoining property lines when : a gigantic tree on Neighbor X’s property drops a giantic limb onto the fence, thereby crushing it taking out a portion of Neighbor Y’s bamboo fence (attached to the chain link fence) in the process? Is it still 50-50 responsibility of both property owners to replace the damaged fence in that instance?
(And, yes, we know that negotiation and collaborative problem solving is always the better course between next door neighbors. But, just in case, what does the law say?) 🙂
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thanks! a little rich for what we need done, i think, but maybe worth giving them a call.
Vinca, there you go again!” You give so generously to the Brownstoner Forum community. How about I just give you a permanent “thank you very much!”?
idisagree, the arborists we used were Alec Baxt and Ralph Padilla: http://www.Padillatree.com. Although Alec did most of the actual pruning work, Ralph is the owner of the firm and the senior arborist. What you see on his website is what you will get. Can’t say enough good things about that team. They definitely know their stuff. As to their price for advice, well it was free. However, we paid to have our magnolia tree and 2 crab apple trees pruned. We also had them remove an old ailing rose tree, and a few other undesirable shrubs as well as tons of ivy that was attempting to strangle everything in sight. Then, there was the pruning of a humongous limb off neighbor x’s giant Ash as well as pruning of an equally humongous limb off of neighbor z’s London Plane. All that cost about $1200. For what we got and the manner in which it was done, I believe it was a fair price. Good luck!
Brooklynista: Sorry, no recommendation. I’m sure you can find something similar in the Yellow Pages, but try this BlueBook link. If you hold your mouse over the “A” in the first column you’ll be able to view the company’s ad (“P” profile; “W” website). You can customize the search further at the top of the page: http://www.thebluebook.com/an/wsnsa.dll/WService=wsbrk1/mybb.htm?tab=mybb&request=listing&srch=keyword&keyword=&cls=1830&pg=1&bkid=1%2CNYC
brooklynista:
i don’t have a fencing contractor to recommend to you, but i’m wondering which arborist you used and, if you’re willing to share, about how much it cost for the pruning and advice. we have a similar situation (neighbor is against pruning, limbs threatening our fence), and would like to be able to document the condition in the event we wind up with damage like you did!
Hi Vinca,
I actually checked out your post on the DOB guidelines before I started this thread. (Thanks!) My guess is that the DOB’s rule of shared liability for shared fences applies in routine instances of maintenance and repair. In this case, though, I’m thinking the Findlaw references to NY case law may be more on point. (Thanks again!) Those refs strongly suggest that X should be responsible for replacement of the damaged chain link section as well as for Y’s damaged section of bamboo fencing as there was sufficient prior warning by Y (as recommended by Y’s arborist)that X’s tree was in a hazardous condition and needed pruning.
Yeah. Right. Ok, now that’s all settled, can anyone recommend a competent, reliable and seriously affordable chain link fencing contractor? 🙂
Brooklynista: The links directly below might help you a little. I suspect this is something you should discuss with your insurance agent, and with someone familiar with property law and property nuisances. But you might be able to begin orienting yourself with these (warning! one is from Minnesota):
http://realestate.findlaw.com/neighbors/neighbor-dispute-trees.html
http://www.forestry.umn.edu/extension/urban_com/Law_and_Trees/HazardTreesPrivate.pdf
The last time I posted the info below was approx. 3 weeks ago(?), yet still plenty of debate in that thread on both sides of…the fence. It does not directly answer your question, but might be helpful anyway. Good luck with outcome…
http://bstoner.wpengine.com/forum/archives/2009/03/is_this_my_fenc.php
http://www.nyc.gov/html/dob/downloads/bldgs_code/bc26s3.pdf
§[C26-75.0] 26-233 Maintenance and repair of protection fences and retaining walls.—Unless otherwise provided by special agreement between them, the owners of adjoining properties shall be responsible jointly for the proper maintenance and repair of partition fences and retaining walls dividing their properties; and each such owner shall be responsible for one-half of the costs of maintaining and repairing such fences and retaining walls, except that where the replacement of a partition fence removed by one owner is necessary for safety, the owner removing the fence shall replace it at his or her own cost.
See also: http://www.nyc.gov/html/dob/downloads/pdf/retaining_walls.pdf
And “fence†at: http://www.nyc.gov/html/dob/html/violations/bh3-27-147.shtml
You are funny, modsquad! You have the X-Y thing down correctly. 🙂 As for warning of impending disaster, yes, Neighbor X had been warned of a limb that needed to be pruned but ignored the advice. In addition, when we paid for an arborist to come in and prune our own tree, we also paid for him to prune another limb on Neighbor X’s tree that was hanging over our property line. However, the limb that we warned about is not one that fell on the fence. Problem is that the tree is quite old and in desperate need of major pruning all over. Neighbor X’s view of pruning is that it is “harmful.”
In Neighbor X’s defense, when their limb crushed the chain link, they offered to replace our section of bamboo fencing at their cost. However, now that the chain link itself is destroyed, there is nothing for a new bamboo section to attach to. Therein is the dilemma.
I suspect that unless you warned neighbor X, legally, of the impending Armageddon you basically “approve” of his tree overhanging your, I mean neighbor Y’s property.
I vote 50-50.