ULSTER, N.Y. (WRGB) — For years, Danielle and Walter Conklin say they worried a dead tree across the road from their home on a neighbor’s property would eventually come crashing down.
They say they warned their neighbor about it countless times, but nothing was done.
On March 12, they say their worst fear became reality.
The massive tree fell onto their home, narrowly missing family members inside. Within seconds, the house they called home for nearly 25 years was destroyed.
Now, six months after the March 12 incident, Danielle and Walter Conklin, their two children, and four pets are still living in a hotel, facing tens of thousands of dollars in expenses and an uncertain path toward rebuilding the home.
Family Says They Were Minutes From Being Crushed
For Danielle and Walter, their waterfront home overlooking the Rondout Creek was an idyllic place for them to raise their family and grow old.
“It was our home and we paid it off,” said Walter, adding that they paid off their mortgage in 2018.
It’s where they called home for the last 25 years. But today, the home sits in shambles–a large blue tarp covering most of the house.
Around 9:30 pm the night of March 12th, the family said they were downstairs watching television.
“And then it went black in the house and then an extremely loud explosion happened,” Danielle Conklin said. “We didn’t know what had happened until we heard my daughter screaming.”
They said they normally would have been upstairs around that time. They soon learned the dead tree from across the street fell onto their home, crashing right into their bedrooms.
“If it would have been five minutes more, the three out of the four of us would [gone upstairs and] have been dead,” the family said.
Neighbor Warned To Take Tree Down
The Conklins say the tree had been dead for years, with no leaves and visible signs of decay.
The tree sat across the street, up a hill on their neighbor’s property.
They say they repeatedly raised concerns with the property owner, Jonathan “Jay” Morrow and even offered to help get the tree removed, but nothing was ever done.
“I’ve told the landowner about the tree. It’s been dead for at least five years,” Walter Conklin said. “We looked at it, we talked about it, and he said he’ll take care of it, he’ll take care of it, and nothing ever happened.”
According to the Conklins, Morrow lives in New York City and uses the property across the street as a weekend home. The sprawling 63-acre property is worth nearly $2 million.
CBS6 reached out to the property owner, Jonathan Morrow, for his response but did not hear back.
The family also says it contacted Ulster County, Central Hudson and tree companies in search of another solution. They said they were ultimately told they could not simply remove a tree located on someone else’s private property.
“It’s not for lack of trying,” the family said. “I’ve tried everything.”
An engineer who later inspected the Conklin’s home concluded the damage and resulting structural instability were so severe that repairing the existing structure was not considered feasible or cost-effective, particularly given the need to comply with current building codes.
The report recommended full removal and reconstruction of the home.
$44,000 in Hotel Costs
Six months after the tree fell, the family remains in two hotel rooms.
The Conklins estimate they have spent about $44,000 on hotel accommodations. They say a public adjuster estimated rebuilding the house alone would cost well over $500,000.
There is another complication: The Conklins did not have homeowners insurance when the tree fell.
The family says financial strain led them to allow the coverage to lapse. They acknowledge insurance would have provided another avenue for seeking coverage for their losses, but say it does not change their contention that the property owner had been warned about the tree.
“It still doesn’t take away from the fact that we had warned them for an extended period of time,” Danielle Conklin said.
What Happens When a Neighbor’s Tree Destroys Your Home?
CBS6 asked attorney Greg Rinckey, who is not involved in the Conklin’s case, to explain generally how situations involving trees and neighboring properties can be handled under New York law.
Rinckey said the circumstances surrounding the tree can be important.
“If the tree’s not dead and there’s a storm, there’s what we call an act of God, and then your neighbor is not liable,” Rinckey said.
Rinckey said the situation can be different when a tree is dead or dangerous and the property owner had been put on notice about its condition.
Based on the circumstances described to him in the Conklins’ case, Rinckey said he believed there was an argument for negligence. Any determination of liability, however, would ultimately depend on the evidence and legal proceedings.
Without homeowners insurance of their own, Rinckey said recovering losses could require pursuing the other property owner through the legal system.
The Conklins have filed a lawsuit, but Rinckey said litigation can be lengthy.
“From the time you file a suit, if it’s actually going to go to litigation and go to trial, it could be years,” Rinckey said.
In the meantime, the Conklins’ hotel costs continue to grow, their belongings remain scattered around the property and the home where they spent nearly 25 years building a life sits damaged and empty.
