Q: What are my neighbor's responsibilities and liabilities if their trees threaten and damage my utility lines in New York?
I live in New York, and my driveway is a right-of-way across my neighbor's property, with customer-owned utility lines following the right-of-way as outlined in my deed. There are several old trees on my neighbor's property that threaten to damage my utility lines. I'm concerned about my neighbor’s responsibilities and potential liability if the trees cause damage. Although I haven't contacted the property owner, who resides in New Hampshire, I have prepared a letter to address my concerns. The trees have been professionally assessed and found to be in poor condition. There is no historical agreement or communication with the neighbor regarding property maintenance, and I believe other utility lines and neighbors might be affected as well. Could you provide guidance on what my neighbor's responsibilities are and their liability in case of damage?
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A:
In New York, property owners are generally responsible for maintaining trees on their property, especially if those trees pose a potential risk to neighboring properties or utility lines. If the trees on your neighbor's property threaten to damage your utility lines, they may have a duty to take action to prevent that damage, especially since you've already had the trees professionally assessed and found to be in poor condition.
Since you have a right-of-way across their property, it’s a good idea to address the issue by sending the letter you’ve prepared. In the letter, clearly explain the potential risks and ask the neighbor to take steps to mitigate any damage. This will show your good-faith effort to resolve the issue amicably before resorting to legal action.
If the trees do cause damage and your neighbor has not addressed the problem despite being notified, they could be held liable for the repair costs. It may be helpful to consult with a local attorney to ensure that your rights are protected, especially if you believe the trees could also affect other utilities or neighbors. Taking proactive steps will help you protect your property and resolve the issue before it escalates.
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