Who Pays if a Neighbor’s Tree Falls on Your Property and Causes Damage?
There’s an old philosophical question that has been debated for millennia: If a tree falls in the forest but no one hears it, does it make a sound? While I’m not, ahem, going to attempt to solve this quandary, I will discuss something more practical. Which is: Who is liable if a neighbor’s tree falls on your property and causes damage?
As surprising as it may be to many, if a neighbor’s tree falls on your property and damages your home, garage, etc., your neighbor can only be held liable if he was negligent in caring for the tree.
Examples of negligence include leaving the tree standing when it is half dead or diseased and, therefore, weak, or if your neighbor did some DUI pruning that seriously unbalanced it, or if he was attempting to cut down the tree, causing the accident. In these cases, and others like it, the neighbor is legally liable.
If the neighbor’s tree seemed unsteady to you, a good idea is to take periodic photos before the tree may fall. And once the tree has fallen, taking photos of the fallen tree’s wood and roots before it’s removed is an excellent idea.
If your neighbor is uncooperative as to his negligence, you might need to sue him in small claims court. It’s possible that the neighbor’s homeowner’s insurance will pay any judgement in your favor.
However, if the tree fell onto your property, unrelated to your neighbor’s negligence, such as a bad storm, the neighbor is not responsible for damages. It is considered, by the law, an act of nature which you must pay to remedy. If the amount is above your deductible, you might wish to contact your homeowner’s insurance company and file a claim.
When it comes to parts of a tree that crosses a property line (branches, for example), you should take it upon yourself to trim any parts of the tree that seems unstable. However, the trimming must be done carefully so that it does not injure the tree.
On a personal note, I hope all of you had a merry Christmas or a happy Hanukkah.
And I wish you all a happy, healthy, and prosperous new year.