Just a little story about some trees in the city of Poughkeepsie. About a year ago we were working with buyer clients who were coming to the area from NYC. We found them a new construction package from a local builder in the city of Poughkeepsie. As the foundation was built we realized that there was a tree that would be quite close to the house and asked that the builder remove the tree at his expense. The builder explained that the approval of his subdivision was conditioned on his not removing certain trees on this plot of land. Of course, the tree in question was one of those trees.
After speaking to our clients, I suggested that they write a letter to the city of Poughkeepsie stating that if they did not let us remove the tree that we felt should be removed that the city would be responsible for any damage caused by that tree should it fall. My feeling was that if my clients would send that letter the city might relent on that particular tree rather than have a written letter giving them notice of a potential liability they had been notified about.
My clients never sent the letter. The home was completed in January and closed in early February. Unfortunately, my client's situation changed which forced them to put the new house back on the market for sale. Marketing the home thru the spring it appeared that the tree in question was not blooming along with several other trees on my client's property. It appeared that every tree that had been marked by the city for preservation had not made it thru the winter. Now my clients are saddled with tree removal costs that should have been removed by the builder during construction.
Several things:
- had my clients sent the letter I believe the city would remove at least that one tree
- It's curious how trees that have made it thru years of winters in Dutchess County all died this particular year.
- the city says they feel the builder caused the trees to die during construction and they feel he should remove them (we'll see)
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