Damage from Your Neighbor’s Tree: Who’s Liable?
The Basics
Q: During the recent storm, my neighbor’s overgrown tree was knocked over, destroying our fence and clipping our roof. It will cost quite a bit to repair it, and I think my neighbor should pay for it. I warned him the tree was too large. Also, who should pay to remove the tree from my yard? —Celine
Safeguarding Your Property
Your first step in dealing with this problem is to secure your house. If the tree caused a hole in your roof, make sure to tarp it to prevent further damage. You are responsible to ensure the problem does not get worse.
Your Insurance Company’s Involvement
Next, call your homeowner’s insurance company and make a claim. Even though you feel it is your neighbor’s fault, you could jeopardize your coverage if you do not notify your insurance company and follow their guidelines. Based on your policy, your insurance company may pay for the repairs and seek reimbursement from your neighbor. This is called "subrogation" and is a right given to insurance companies in most, if not all, of the insurance policies I have reviewed.
Pursuing Your Neighbor Directly
If you do not have coverage for this, you may have to pursue your neighbor directly. Since the tree was on your neighbor’s property, they are responsible for maintaining it at least well enough that it does not become a problem for their neighbors. If the tree was reasonably maintained and fell because of a storm, the neighbor whose home was damaged, in this case, you, will be responsible for the repairs. However, the law will not protect a tree owner who does not maintain their tree. If the tree that fell on your property was unhealthy or not properly maintained, your neighbor will be liable to pay for the repairs.
Conclusion
In the event of a tree falling and causing damage to your property, it’s essential to take prompt action to secure your home and contact your insurance company. Depending on your policy, you may be able to get reimbursement for the damages from your insurance company, or you may need to pursue your neighbor directly. Remember to assess the condition of the tree and the likelihood of future damage before making a claim.
Frequently Asked Questions
Q: What if my neighbor’s tree is relatively healthy and still causes damage?
A: In this case, you and your neighbor are responsible for the repairs.
Q: Can I sue my neighbor for the damage caused by their overgrown tree?
A: Yes, if the tree was not properly maintained and caused damage to your property.
Q: Who should pay for the removal of the tree from my yard?
A: Your neighbor is responsible for the removal of the tree, as it was on their property.
