Tree falls on property who is responsible

Most people assume that they are liable since it is their tree. However, this is not always true. When a tree falls over onto a neighbor's property, that neighbor should submit a claim to his or her insurance company immediately. The insurance company is usually responsible for taking care of the damages. This is true if the tree fell over due to an act of nature. For example, a healthy tree that falls over during a tornado, hurricane, wind storm or winter storm would not be the responsibility of the homeowner.

Since the homeowner living on the property where the fallen tree was rooted did not intentionally push the tree over, nature is responsible. This means that the neighbor's insurance policy should cover it under perils. However, there are some cases where a homeowner could be held liable. If the tree fell on the neighbor's home when the homeowner was trying to cut down the tree without professional help, the damage would be the homeowner's responsibility.

Also, if the tree was dying, unstable or diseased and the homeowner knew about it, he or she could be liable if it falls over on its own. He or she could also be liable if it falls over during a very light storm that would not normally knock over a tree. When homeowners know they have dying, diseased or unstable trees, it is their responsibility to take steps to prevent them from causing severe damage.

Precision Tree. We sell our products through independent insurance agents because we believe they provide value to policyholders through their broad range of products and their insurance expertise. Privacy Policy. Hit enter to search or ESC to close. Close Search. Whose Tree Is It? Before you can determine who is liable for damage caused by a falling tree or branch, you need to determine who actually owns the tree: If the trunk of the tree is on your property, you own it.

Generally, you are. Most homeowners policies distinguish between two different kinds of structures on your property.

If you have comprehensive coverage on your vehicle, your auto insurance carrier will pay for the damages, after you pay your deductible. Hopefully, he or she took out comprehensive coverage, too. Would you be covered for removal costs? If the fallen tree blocks a path to your front door or driveway, then many homeowners policies would pay for removal. Unless the fallen tree damaged insured property, there is no loss to file a claim for.

Replacement Replacing the trees themselves can be more complicated.