Who Is Liable for a Fallen Trees?

Trees not only enhance the beauty of your home, but healthy, well-maintained trees can also increase the value of your property. However, if a tree or large branch falls, it can cause property damage, personal injury, or at the very least create a shambles that no one wants to deal with.

So, who is responsible for the cost of everything after a tree falls? Who is responsible if a tree falls and damages or injures someone? Is it your neighbor’s responsibility to have a fallen tree removed, or is it your responsibility?

Continue reading to find out.

Who Is Responsible for a Fallen Tree?

Before determining who is responsible for covering the costs of damage caused by a fallen tree and its removal, keep the following points in mind:

What Caused the Tree to Fall?

There are numerous factors that can contribute to a tree falling, and while some are simply beyond our control, others are completely avoidable with proper care.

Natural causes include a variety of environmental phenomena such as high winds, snowstorms, hurricanes, and other unavoidable natural events.

Negligence: Any instance in which a tree was not properly cared for. This can include not trimming or pruning the branches properly, ignoring signs of pest infestations, or failing to ensure the tree is not sick or diseased.

Which Tree Is This?

If you live close to your neighbors, or if there are several trees in the surrounding landscape, it may be difficult to determine who owns the tree.

Yours: Any tree trunk that grows within your property’s boundary lines is considered your tree. No matter how much of the tree grows onto your neighbor’s property, the trunk is yours if it is rooted on your land.

Your Neighbor: If the tree trunk is rooted within your neighbor’s property lines, the tree is theirs.

Shared: If a tree’s trunk grows directly on the property line or between two properties as a “boundary tree,” you and your neighbor share ownership and responsibility for the tree.

Is my homeowners insurance going to cover fallen trees?

While it will inevitably be up to the insurance company’s discretion, there are a few factors that can influence whether your homeowner’s insurance will cover the costs associated with a tree falling on your property.

You’re protected: Yes, if the tree fell naturally, your homeowner’s insurance will most likely cover the cost of removal and damage. If a tree on your or your neighbor’s property falls due to natural causes, causing damage to a shared fence, your homeowner’s insurance will typically cover 50% of the damage, while your neighbor’s insurance will cover the remaining 50%.

Not Covered: If the tree fell due to negligence, such as a lack of care and maintenance, your homeowner’s insurance will most likely not cover any clean-up, removal, or repair costs.

Who Is Liable If One of My Neighbor’s Trees Falls on My Property?

Again, a variety of factors can influence how situations like this should be handled. Fortunately, determining who is to blame in most cases is fairly simple:

Your Responsibility: If unavoidable circumstances lead to a tree from your neighbor’s property falling onto yours it is your responsibility to have the tree removed. You’ll need to contact your homeowner’s insurance company, but they should cover all of the costs associated with the aftermath.

Your Neighbor’s Responsibilities: If a tree falls onto your property as a result of your neighbor’s negligence, they will be held liable for damages and any costs associated with having it removed.

Who is to blame if a tree on public property falls on my property?

If a tree from a nearby park or other public land falls on your property, community officials are responsible for removing the tree and all associated costs. However, you will almost certainly need to rely on your homeowner’s insurance policy to cover the costs of repairing any damage.

Can I remove a downed tree on my own?

No. Tree removal is one of the most dangerous tasks to attempt if you lack the necessary training and experience. While a do-it-yourself attitude may appear appealing, successfully removing a tree is a complex procedure that necessitates extensive training, specialized equipment, and proper licensing.

If you try to remove a tree on your own or hire someone who does not have the proper licensing instead of a professional arborist, you will be held personally liable for any damage or injury caused by the tree’s removal, transportation, or disposal.

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