Is your neighbor responsible for damages when their tree falls on your property?

Clarkie

I just asked my insurance company this same question. Here is the answer they gave me:
If your tree falls in a neighbor's yard, or onto your neighbor's house, THEIR insurance pays for their damage, not yours. IF, however, they have previously given you WRITTEN notice that they fear your trees will hurt their property, then your insurance must pay!

jasonzbtzl

It really depends, I live in Texas and as far as I'm aware in my area, once something crosses the plane of my property line it belongs to me, so in your situation I would been held responsible to trim the tree up to their property line if I felt it needed it.

I'm not sure how it works though to the letter of the law, since they planted the tree outside your consent they may be required to maintain the trimming of the tree once you have initially done it on your property.

Check with your local government or HOA.

Mom madness

Yes. As long as you can prove that its infact on their property. Just cause its on their side of the fence doesnt necessarily mean thats where the property line is divided.

curlycute

HELL YEAH! Tell them to show you the money!

Denise B

yes they are

Ash

yes

wolfbrnd76239

Yes, you are liable for everything you own.

MOM KNOWS EVERYTHING

If the tree was dead or damaged in some way, they could be responsible because they should have realized it was a hazard and had it removed. But if there was nothing obvious wrong with it, it's probably going to be considered an act of nature, and nobody's fault.

tarynlavender

the best thing to do is check on your homeowner policy guidelines, in FL it's your responsibility since it's on your property/car. All states vary.

Harvie Ruth

Yep. Contact their homeowner's insurance company.

joyceeleann

Yes but I live in an new community so everyone is making payments and must have home insurance to make payments to a bank so I am not worried..their insurance will cover it.

humanresourcesman

It might even be city ordinances. Check first with the city, then seek legal advice if they don't answer you.

a_blue_grey_mist

One would certainly think so . . . a lawyer would be the best person to know for sure.

ouskip1998

yes

Dave

Is suspect it is the same as here in Virginia, that is, YOU are responsible. If there was negligence on his part, like ignoring a damaged tree that later fell, you can sue.

fallenangel

This varies from state to state.

I'm from Mississippi... Katrina came tearing through my city... trees were EVERYWHERE.

Most insurance policies in our area paid for damages to a home or a car from a tree. However, damage to the properties in regard to trees falling into yards, or falling onto other trees, were NOT covered. Clean up to remove the trees? NOT covered.

So if the tree doesn't hit your house, it isn't the insurance company's problem. Even if it does hit your house, they'll pay to fix the house but not to haul the tree off.

You could take your neighbor to small claims court and see if maybe the expenses could be covered there, but it's such a hassle...

politicallypuzzeled

Clarkie is exactly right at least in the state I live. IF my tree falls on my neighbors house / property / anything it is THEIR insurances responsibility to not only pay the damages BUT to also clean it up. THE ONLY situation where this does not apply is if they have sent me a written / return reciept requested, letter to asking me to remove the tree BUT it must be damaged in some way, deseased in some way OR dead in order for them to do this. You might also want to take note that ANY limbs that grow accross the property line can be cut by the opposing property owner. In other words if I plant a tree near the line with my neighbor and any limbs grow accross the line into his "space" he can legally cut those limbs up to the property line. Basically, anything that grows accross the line, the other person on the other side of the line owns. THis is how I understand it to be in the state I live.

wild4gypsy

I think if I am reading you right you answered your own question. Or maybe you didn't.
Most states I'm aware of have a responsiblity law. Making the owner of the tree responsible for damage done to a neighbors property, just like a dog bite.
I live on the west coast we sue everybody. LOL
I also have property in Hawaii and a large branch at the corner of our property was hanging over my neighbors guest house. He was concerned it might fall. It was the type of tree that grows back so we split the cost and had it removed.
If it had fallen and he had guest we would of both had a problem.
So if you know there could be a problem best to deal with it before it is.

The answer from "Mom knows everything" is totally wrong. which means she knows nothing.LOL

HEartstrinGs

You really need to check with your insurance agent and contact a lawyer. Most lawyers will do a free consult.

The law on this varies alot. When I was renting our house, my neighbors complained the tree was hitting the roof. Since I was renting, I told them I wasn't responsible. They called the landlord and he had the tree trimmed. Since then, we've bought that same house. We wanted to put up a fence, but the neighbors tree is in the way and in some areas, growing through the old fence. I asked to have it trimmed and fixed so I could put a fence up. I was told that ordinance says that if it's on my side, I'm responsible for cutting it or whatever needs to be done to get my fence up. However, I couldn't trim it past the lot line.

It's all pretty confusing and depends greatly on where you live. I'd check with proper authorities.

Raymond L

GOOD neighbors might split the cost; but I'm sure that's old fashoined.

bestgoodman

I would say its up to the insurance companies....Good Luck...Insurance is a terrible form of safety...Its like gambling....

wildand5150

Yes! You are responsible for any damage your tree causes. Take them to court.

kingstubborn

No, they are not.

I had this happen to me (I was the tree owner). I was willing to pay some, but my attorney informed me that according to the law I was not obligated to, as it was part of the act of God thing...since the tree was not dead in the first place. I do not know if the answer changes if the owner knows the tree is dead.

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