Is it legal if a recent storm tool down trees and power lines in our mobile home/campground and now the owner wants us to pay for the fallen trees many of which have caused heavy damage to campers property?

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Is it legal if a recent storm tool down trees and power lines in our mobile home/campground and now the owner wants us to pay for the fallen trees many of which have caused heavy damage to campers property?

Can the owner force us to pay for fallen trees on his property? Many of the trees have damage personal property such as mobile homes and camping trailers.

Asked on August 23, 2016 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

1) You would only have to pay for the trees if you contributed to them falling (for example, damaged them by cutting off too many limbs on one side or cutting roots) or if the terms of any lease or other agreement you signed requires you to pay.
2) On the other hand, if the owner was at fault--for example, someone had warned him that a tree was sick or dead, but despite knowing of a problem, he failed to take reasonable steps, like trimming it or cutting it down--then he may be liable for the damage the tree caused and could be sued for compensation.


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