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

Question

I live in CT, in case answer is determined by state law.

Answer 1

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!

Answer 2

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

Answer 3

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.

Answer 4

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.

Answer 5

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...

Answer 6

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.

Answer 7

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.

Answer 8

The neighbor is at fault, because of the fact the tree replaced into their belongings. The insurance agency could could desire to pay for the damages, and regardless of in the event that they arrive to a decision to sue, you would be secure. although, the only way wherein they could counter is that if the tree have been to have fallen into your backyard due on your guy or woman negligence.

Answer 9

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.

Answer 10

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.