I’m concerned about the possibility of property damage from some big trees that are on the property line with my neighbor. What should I do if a neighbor’s tree or a limb of his tree falls on my property or if my tree or a limb of my tree falls on the neighbor’s property?
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 should restore your property first, and later decide 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 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.
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.