Dead Trees in Neighbor's Yard
The neighboring building has two large dead trees that are almost the height of both our buildings. We’re concerned about the trees falling at some point. Unfortunately, the building is all rental units and the landlord doesn’t live there. Is there any city code that would require the landlord to address any danger the dead…
The neighboring building has two large dead trees that are almost the height of both our buildings. We’re concerned about the trees falling at some point. Unfortunately, the building is all rental units and the landlord doesn’t live there. Is there any city code that would require the landlord to address any danger the dead trees might pose? Any advice is appreciated.
Lots of good intentioned but misinformed legal advice is being dispelled. The bottom line is that you do not have any practical legal remedy unless the tree falls and causes damage. Putting your neighbor on formal notice is important because it is irrefutable proof that they had actual notice of the condition, thus preventing the building’s owner/agent from asserting lack of actual or constructive notice (what could otherwise be an absolute defense). Giving notice to your neighbor’s insurer is also a good idea, since they may require that the tree be removed as a condition for renewing the commercial policy given the increased risk hazard the dead trees pose to your property.
I’m not lawyer but from experience and research – if his tree falls and causes damage to your property you are responsible (perhaps your insurance would cover).
Exception is you notify him/her of danger from dead tree poses a threat and ignores then have a case.
Don’t know about any city regs but could call 311 and log complaint and see if get anywhere.
I wish I still had the guy’s contact info, but unfortunately I don’t. It was in the middle of a huge renovation and I don’t have any paperwork for him.
Family Tree took one branch down after the tornado – it was from my neighbors tree but they didn’t want to deal with it and I didn’t want it to fall on my children. Just the one limb cost $250.
Brooklynbemused, why don’t YOU post a tree service? Seems like you got the deal.
I used Urban Arborists. Real pros, but a little hard to schedule and definately not the cheapest.
I subsequently used Family Tree Service in Staten Island. Much easier to deal with and cheaper. Highly recommendable. I used them on another tree which lost a leader in a Nor’Easter.
If the tree/s come down in a storm, it is considered an act of god and you and your insurance company are on the hook for any damages to your property.
Call your insurance company to find out if putting them on notice would be beneficial to you in any way. For some reason, I think that it may.
Get those trees out of there as soon as you can. A few years back, my neighbors dead tree fell on our Subaru and did $5,000 damage to the car. All I got from my a-hole neighbors insurance was my deductable. My insurance picked up the tab. I asked them nicely several times to cut it down and then we had a heavy wind storm and it came down.
They were offended when I asked for their insurance info. I wound up cutting it up myself and dumping it back in their yard. 5 yrs later it’s still there(the lazy bastards).
BrooklynBemused, what tree service did you use? Thanks!
Two things:
Why don’t you include some recommended tree removal company names and phone numbers? That way, the owner can’t claim to not know what to do next and it will also make their job a little easier.
Secondly, how is it possible that one company charges $400 to remove a tree and another company charges $4K?!
I paid $400 to remove two, 50′ trees from my yard 5 years ago. I guess I got lucky on the price!
fwiw, I’m no lawyer, so I’m just passing on folk wisdom gained after last year’s tornado. (You might want to check with your own insurance agent on this.) Notify the owner of the building that the trees are dead and pose a danger to you and your property. Send it certified mail, return receipt.
Even if the trees come down without damaging your house, if they land in your yard you will be left with the burden of removing tons of dead tree. Your insurance may, depending on deductibles, be helpful paying for some yard and fence repairs. But it may not cover the cost of fallen tree removal, and without prior notification the neighbor may not be responsible, either.
Removing very large trees from small, enclosed Brooklyn backyards is an extremely laborious task, even when the tree is horizontal.