Trees add beauty, shade, and value to your property, but trees can also become a source of legal disputes, particularly if they fall and cause damage to a neighbor’s house, fence, or car. Our weather is becoming increasingly unpredictable and rainfall and winds can be severe, causing flooding and damage. We have even experienced more frequent tornados in the last few years that caused substantial damage.
Many homeowners ask us what would happen if their tree fell on their neighbor’s property during a storm and caused damage. Who’s homeowners’ insurance will pay? Can my neighbor sue me for the property damage? What if my neighbor’s tree falls on my property? The answers depend on several factors, including the health of the tree, whether you had notice of any potential danger, and the circumstances surrounding the reason for the fall.
Am I Liable and What Does Homeowners’ Insurance Cover?
In general, if your tree was healthy and fell due to an unforeseeable natural event, such as a storm, high winds, or other “acts of God,” you are generally not responsible for any resulting property damage to your neighbor’s home or yard. In these cases, each homeowner is responsible for cleaning up debris and handling storm damage on their own land, even if the tree originated from a neighbor’s property. Often, homeowners’ insurance policies provide a small amount to cover the tree branch debris and/or tree removal after a storm, usually $500 or $1,000. These amounts are normally included in the larger property damage insurance claim.
A homeowners’ insurance company will almost certainly provide coverage for damages caused by a fallen tree regardless of whether you or your neighbor owned the tree. However, you may be liable to your neighbor if your tree was dead, diseased, or otherwise in a hazardous condition and you failed to take appropriate action. The general standard for liability rests upon what a “reasonable property owner” would have known. If a “reasonable property owner” would have known that the tree was dangerous and failed to remove or maintain it, they could be held liable for damages when it falls.
A big factor is whether the tree owner had noticed the risk. If your neighbor had previously warned you about the tree’s dangerous condition, or if visible signs of decay were present, your failure to address the problem could be considered negligence. In such cases, it may be your responsibility to pay for the cost of repairs and removal.
How to Handle Disputes with Your Neighbor Over Fallen Trees
It’s always a tough situation when a tree falls on a neighbor’s property and causes damage. The first step in being a good neighbor is to keep the lines of communication open, especially before any severe weather occurs. If you have a concern about a neighbor’s tree, contact them and talk to them about it first. It’s generally not a good idea to come to your neighbor with a letter or report from a tree service company stating their tree is hazardous if you haven’t even talked with them about the tree before.
In our experience, talking with your neighbors about trees of concern and hearing what they may have to say about your trees is the best course of action. However, if there is a dispute between you and your neighbor about who may be responsible for paying for fallen trees, tree removal, or other damage, it may be worthwhile to consult with an attorney that specializes in property damage caused by storms.
What Steps Can I Take to Avoid Tree-Related Property Damage?
As explained above, all property owners have a duty to inspect and maintain their trees and keep them free from hazards. Property owners should take steps to protect themselves from potential liability by having a tree risk assessment done by the qualified arborists at Taylor Expert Arborists.
A tree risk assessment is a thorough assessment of a tree’s overall health and an evaluation of a tree’s potential for failure performed by a licensed tree expert. The primary purpose of a tree risk assessment is to evaluate trees for defects, hazards, and potential for failure as part of an overall risk management program. All trees have risk, but having a tree risk assessment done regularly can demonstrate that a property owner is managing their trees properly and could reduce liability if a tree falls and causes property damage or injury.
Another step you can take to avoid property damage is to make sure you hire a qualified tree removal company, like Taylor Expert Arborists, to remove any hazardous trees. Some homeowners may want to try to remove a dead tree or fallen tree themselves or have their landscaping or lawn care service take care of it, but it’s a better idea to leave the tree removal services to professional tree service.
Tree removal is hard work and is not the same as spreading mulch or wood chips around your yard. Removing a tree is technical and has the potential to be extremely dangerous. Don’t take the risk of trying to remove a tree yourself and having it fall on your neighbor’s yard and cause damage to their house, car, or fence.
How Do I Get an Estimate for a Tree Risk Assessment or a Tree Removal?
Contact Taylor Expert Arborists at the phone number, email, or the link below to request an estimate. Taylor Expert Arborists always provides free quotes in writing and includes any recommendations for tree trimming or tree removal. We have a wide range of tree pruning and tree removal equipment and safety equipment to properly perform any pruning or trimming services necessary as a result of the tree risk assessment, and we always take into account accessibility and property preservation when bringing in equipment.
Taylor Expert Arborists always provides its customers with an easy-to-read written contract that protects the homeowner and tree service, spelling out pricing, payment terms, and everything that is included in the work.
