a tree fallen over

If a Tree Falls, Who is Responsible?

12September,2019
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If a Tree Falls, Who is Responsible?

Many people have one or more types of trees on their property. Trees provide shade and complement landscaping nicely, but they can also cause major disputes if they fall over. If you ever wonder who is responsible for a tree falling on your or a neighbor’s property, read on.

Scenario 1: My neighbor’s tree damages my house

If your neighbor’s tree falls and damages your house, they are not responsible. Your homeowners insurance policy would be able to cover the cost of repairs (once you’ve paid the deductible), up to the limits of the policy. The same would be true if your neighbor’s tree falls and damages other property like your garage, fence, pool equipment or otherwise. Although this may seem strange, it’s important to remember that the insurance is on the house, not the tree.

Scenario 2: My tree damages my neighbor’s house

If you’ve read the above scenario, you can probably already guess what happens when your tree falls onto your neighbor’s property. His/her homeowner insurance would cover the cost of repairs!

Scenario 3: Your neighbor is negligent in cutting down a diseased tree

If your do-it-yourself neighbor attempts to cut down a tree and is negligent in the process, he/she may be held responsible for damage to your property. In addition, if the tree was diseased and your neighbor was made aware of its condition in advance, this could create an instance of negligence that could make them liable. Of course, the same would be true for you if your tree fell on their property.

To learn more about damage claims from fallen trees, discuss concerns with an agent. For all of your home insurance needs, contact Hoffman Brown Company. We are here to insure your assets and future.