This is a limited right though, and one that must be exercised carefully. Barring local ordinances to the contrary (yes, they exist, so be sure to check your local rules!! The steps you take after a tree falls can mean the difference between headache and heartache. 2. Welcome to the world of tree law, a little-known corner of the legal system that deals with everything tree-related, from fatalities caused by falling branches to disputes over a tree blocking a view. Residents may remove trees from their own private property without the city's permission. Labor Law section 240 (1), popularly known as the “Scaffold Law,” provides a special right of recovery to construction workers who are injured from an elevation risk. If it’s on the property line, it is deemed to be owned by the owners of both properties. Trees obstructing traffic Your insurance company, though, will likely provide coverage for damage as well as cleanup costs related to the incident. ), New York law does allow neighbors to tend to trees and hedges that infringe on their property. The prior notice law applies with respect to City tree wells. Amabile v. City of Buffalo, 93 N.Y.2d 471 (1999); Tucker v. City of New York, 84 A.D.3d 640 (1st Dep’t 2011). When a tree falls over onto a neighbor’s property, a homeowner is often left to wonder if he or she is liable. Many people have one or more types of trees on their property. During the stormy summer months, fallen trees are fixtures in metro Atlanta's landscape. The Scaffold Law covers cases involving both falls by workers as well as workers being hit by falling objects. Keep yourself safe and exercise caution around injured trees until we can reach the site to secure the area. Who Owns the Tree? Tree ownership is based upon where the trunk is situated. Please report damaged and fallen trees through the tree service request system or by calling 311 immediately! The courts will not impose liability on the City for ordinary defects in tree well unless the City had prior written notice. Keep in mind that if a tree falls on your house or other property and it was an act of nature, there’s simply no control over this. Dealing with Your Neighbor’s Insurance Not necessarily. A tree branch or limb is cracked, will fall, or has fallen down. Trees provide shade and complement landscaping nicely, but they can also cause major disputes when they fall over. Is the Tree’s Owner liable for any Damage? A tree trunk has split. Most main thoroughfares are state roads, meaning the state Department of Transportation is … So if a tree is down in the road whoever manages the road clears it. When to Report a Condition. A tree may fall over if it is not properly maintained and diseased, or it may fall over during a storm. 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