If a tree from your property falls onto your neighbor's house or property, who's liable?
Asked by
AshlynM (
10684)
April 11th, 2013
Say you have a tree on your property which is fairly close to your neighbor’s house. There is a wild storm and a tree branch breaks off and hits their gutter, causing significant damage to it.
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5 Answers
You, as owner of the tree, are responsible for the damage caused by the tree.
It actually is a grey area. If you keep your tree trimmed and a wild storm pulls off a branch… you may not be liable. My neighbor had an aluminum shed that had stayed absolutely stable for 20 years… a nearly-tornado force windstorm picked that thing up like a toothpick and threw it into my yard, breaking the fence in the process.
Both of our insurance companies said “act of God” and paid out equally.
Response moderated (Spam)
Well, during a hurricane (which is a type of windstorm in insurance lingo) if my tree breaks off a branch and damages my neighbor’s house, it is my neighbor’s problem if we look at how insurance looks at it. His insurance would pay. But, @Blueroses answer is interesting that the insurance companies split the bill in that instance.
If the tree was dead, or the branch, and it should have been removed before the storm I guess you could say there was some negligence on the part of the person who had the tree on their property. I know if my neighbor left out his lightish weight patio furniture during a hurricane and it damaged my house I would be pretty annoyed. But, still my insurance would pay for damage under the policy if I decided to use my policy.
It is usually considered your fault (for not trimming, or not watering, or not removing it when it’s a clear danger). But “Acts of God” can occur too in the eyes of the law as Blueroses mentioned.
Unfortunately, this subject is used as an excuse by tree-hating landlords, property owners, “view“whores, house flippers, and others as a reason to prematurely chop trees down when they shouldn’t be.
It’s best to just keep the trees trimmed and watered.
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