Neighbors and Trees

A Frequently Asked Question on a day after a storm

My tree fell on my neighbor’s property (deck, pool, fence, or house). As the property owner, am I responsible? Will my insurance pay for the damages?

Most of the time, the answer is no and no.

So who will pay for the damages?

It is a claim on the other person’s homeowners’ insurance and not the property owner of the tree that did the damage.

Exceptional circumstances can negate this. You could be held liable if the neighbor warned the property owner about a potential problem with your dead tree.

Consumer Reports say this is one of the most common causes of neighbor disputes. You can read the article that Consumer Reports has about this same issue.

We encourage our insureds that know they have an issue with an overgrown or dying tree to take care of the problem. Insurance companies can deny claims resulting from negligence if you know about a potential claim and choose to do nothing.

If you have a neighbor with a tree issue, the best thing to do is write them a letter and send it via certified mail that their tree poses a danger and threat to you and your property and asks them to take action. If they fail to take action and you have sent the notice, you have more substantial grounds to recover from them and their insurance company.

Don’t hesitate to contact our office if you have questions about this or any other insurance-related issue.

We originally posted this on 5/31/2011 at 7:00 a.m.