If a tree on my property falls on a neighbors property who has responsibility?

Question

I had one of those "double" trees on my property, with a split trunk and one half of it fell during a storm last night and landed on my neighbor's property. This is a big pine tree, like 80 feet high or something like that. Whose responsibility is it to clean it up?

Answer 1

In many jurisdictions, a fallen tree is the responsibility of whoever owns the property it fell on, not the responsibility of whoever owns the property it fell from. Often, if a tree on your property falls on your neighbor's house, it is legally your neighbor's problem, not yours.

There can be exceptions if the tree was known to be a hazard before it fell. If a qualified professional like an arborist had deemed the tree unhealthy and a possible risk, you may have liability. You'll of course also have liability if you contributed to the tree coming down, for example, if you try to cut down a tree and crush your neighbor's house in the process. Barring that, however, an otherwise-healthy tree falling during severe weather is an act of God and not your responsibility.

Your neighbor should go through their own insurance. If they can show both that the tree was an unhealthy hazard, and that you knew about it but did nothing, you may be responsible.

Answer 2

It's your responsibility, legally and in terms of being a good neighbor.

In my experience, it's better not to call the insurance company. Talk to your neighbors and maybe they are willing to help and you can split the firewood between both of you.

The cost of lumber is in the transportation, milling, drying, planing, and transporting the finished product. So the lumber in that tree is worthless sitting there. If it were a black walnut or something else rare and valuable, maybe someone would be willing to pick it up for free . But not for pine.

Around here, if the fallen tree downed power lines, the utility company will pay for it to be cut and removed, to get access.

Answer 3

Generally speaking, your responsibility. If and only if the damages are significantly more than your deductible, call your insurance company. If you are not sure then:

• If it hit any structures - shed, house, etc. - then it wll almost certainly be a significant cost
• If it hit damaged any other trees such that they are now in danger of falling then it will almost certainly be a significant cost
• Consider the cost to cut up and remove the tree. That can be relatively little if someone is interested in firewood. Or it can be a lot.

Alternatively, you can just let your neighbor call their insurance company. But if you do that be prepared for it to get back to your insurance company anyway, because in the end that's most likely who will be paying for it. 80' on a farm somewhere you just fix the fence. 80' next to a house is a different story.

Answer 4

In situations like this, determining responsibility for the fallen tree and cleanup can depend on various factors including local laws, insurance coverage, and the specifics of the property boundaries. Here's a general breakdown:

• Property Boundaries:

If the tree was clearly situated entirely on your property, then typically you would bear responsibility for the cleanup, even if it fell onto your neighbor's property during the storm.

• Negligence:

If the tree fell due to negligence on your part (e.g., failure to maintain it properly, knowing it was a hazard), you may still be responsible for the cleanup, regardless of where it fell. Act of Nature: If the tree fell due to an "act of God" or a natural disaster, such as a severe storm or lightning strike, then responsibility for cleanup might be less clear-cut. In many cases, insurance policies may cover the cost of cleanup and repair, but it's essential to check your policy details.

• Insurance Coverage:

Homeowner's insurance typically covers damage caused by fallen trees, including cleanup costs and repairs to both your property and your neighbor's property. However, coverage can vary, so it's important to review your policy or consult with your insurance provider to understand your specific coverage.I work for a fence company in Chicago and we see this a lot when a tree falls and damages the neighbors fences. Typically many of the house insurance companies cover the damages.And the one who issues the claim with the owner of the property on which the tree is.

Hope this helps.