Dangerous Tree on town property.

[Thefr1tz]

What is the name of your state (only U.S. law)? New York

I live next to a "paper" road owned by the town. There is a tree that my arborist stated should be considered a urgent safety concern. I called the town and they had sent out a contractor that was doing tree work for the town and he stated it didn't need to be taken down. My first questions if since the town responded to my concerns would I have enough to prove they were put on constructive notice or would i be better off sending them a letter. Second, since we have conflicting expert opinions and if the tree were to fall and cause damage would i have any case to recover damages or would I need a third opinion.

Thank you in advance for any response.

 

[adjusterjack]

My first questions if since the town responded to my concerns would I have enough to prove they were put on constructive notice or would i be better off sending them a letter.

Send letters to the mayor and several town council members, certified return receipt, restricted delivery. You will need to prove notice. Just saying you did won't cut it when everybody denies it.

Second, since we have conflicting expert opinions and if the tree were to fall and cause damage would i have any case to recover damages or would I need a third opinion.

You would likely need an expert witness to testify in court. Google "expert witness" to find out what that takes.

Bottom line, though, if the tree does you damage, look to your insurance instead of waging a costly lawsuit against the town. That's what you pay premiums for.