How Does a Landlord Handle a Tree That Fell on His Tenants Property?
Tree Troubles
What should you do if a neighbor’s tree or a limb of a tree falls on your property or if your tree or a limb of the tree falls on a neighbor’s property? Before we discuss what to do after the fact, we’ll consider what should be done to avoid the problem
If you’re paying any attention to your property you may know in advance that there are trees or limbs of trees on a neighboring property that represent a potential risk to your property or vice versa. If you notice a tree on your property that represents a potential risk of damage to a neighboring property, you should take the necessary steps to eliminate or at least minimize the risk.
If you wish to avoid the cost of hiring a professional to remove or trim a tree on your property consider carefully whether location of the tree related to items on the neighboring property represents a risk in view of your talents and experience regarding such work. If you hire someone to remove or trim the tree, be sure that the person is properly licensed and adequately insured in case the work results in damage or injury related to the work, both regarding the neighboring property and your own.
If you recognize a potential risk of a neighbor’s tree falling or dropping a limb on your property that might result in damage to your property you might consider taking preventive action before his dead, diseased or listing tree falls through your roof or over your property line.
If you and the neighboring property owner are on friendly terms you can simply discuss the matter with him and possibly arrive at a mutually acceptable resolution. If you and the neighbor are not on friendly terms or if your casual approach is not successful you can prepare for possible legal actions by writing a letter to the owner of the neighboring property.
The letter should include (1) a detailed description of the problem, including the listing of potential structures on your property that might be damaged in the event of an event involving his tree; (2) photographs that clearly show the problems with his trees, and (3) a request for the neighboring owner to take action to protect your property. You can consider having an attorney put your information on his letterhead. Although the letter being on an attorney’s letterhead does indicate that you mean business, it can also create unnecessary animosity from a previously friendly neighbor.
If you were unable to resolve the matter via a casual approach or did not get a positive result from your letter, there may be another solution. If it is a matter of limbs hanging over your property rather than the tree as a whole being likely to fall on your property in a way that would cause damage there is another possible approach. In most jurisdictions, if the limbs of a tree hang over your property line you may trim the branches up to the property line without the owner’s permission.
However, do not hack off large limbs or branches at the property line without consulting the owners, no matter what the law says. The law should be your last resort. If a tree dies after your trimming, the neighbor could pursue a claim against you in civil or small claims court. Depending on the laws of your state, your neighbor may have to prove the damage was deliberate or caused by negligence, but may also be able to recover up to three times the value of the tree. Thus, it would be best to seek his participation in the trimming project, preferably in writing or in presence of a friendly witness. Telling your neighbor what you intend to do to protect your property before undertaking the trimming may result in him offering to trim the whole tree instead of risking your possibly amateurish job. Obviously, you may not cut down the entire tree without his permission.
If the base of the tree straddles the property line, it will be necessary to take the matter to court if a mutually agreeable solution cannot be reached between owners.
Now, we return to the original question – what to do if a neighbor’s tree or a limb of his tree falls on your property or if your tree or a limb of your tree falls on a neighbor’s property
The first thing you should do is check your insurance policy or call your agent regarding the matter.
Homeowner and landlord policies usually cover tree damage caused by perils like wind and winter storms. Most policies also cover the cost of hauling away tree debris if the mess is associated with house damage; some policies will cover cleanup even if no structures were harmed.
Although the laws can vary among states, falling limbs or falling trees, whether to wind or old age, are usually considered to be “acts of God.” It is not usually considered in any way a trespass. Usually, your neighbor is responsible when a tree or a part thereof falls over your shared property line and causes damage on your property only if you can prove he was aware that his tree was a hazard and refused to remedy the problem. Regardless, your insurance company restores your property first, and later decides whether or not to pursue reimbursement from the neighbor or his insurer if the neighbor was negligent in maintaining the tree.
Likewise, you are usually responsible for damages on your neighbor’s property only if he can prove you were aware that your tree was a hazard and you failed to remedy the problem. However, responsibility can occur in either case when the tree’s owner wasn’t aware of the problem, but the the risk was so apparent that the tree’s owner should have been aware.
If your tree falls over a neighbor’s property line, you will not usually need to have your insurance policy cover damages to the neighbor’s property. You may not be liable unless you knew or should have known the tree was in a dangerous condition. If you pruned a tree or shored up trunks to prevent problems in a reasonably adequate manner, gather receipts and any before and after photos related to the work to prove your diligence.
However, if you and your neighbor cannot soon come to agreement regarding the matter and you think that the neighbor or his insurer might be able to make a case that you were at fault for reasons previously discussed, you should consider notifying your insurance agent regarding the event and discussing the facts with the agent. This is because many insurance policies allow the insurer to avoid liability for covered risks if the insured did not notify the insurer about a potential claim in a timely manner, the definition of “timely” sometimes varying among insurers.
Finally, remember that the laws of your state may be different than the principles mentioned above. If you and your neighbor cannot settle the matter amicably, you should consult an attorney who is knowledgeable and experienced regarding this particular issue.
Trees can beautify a property; even significantly increase its value. However, when trees are located near property lines with neighboring properties, property owners must be aware of risks associated with their trees and take steps to minimize those risks.