Search

Want you to know you have a fine employee in Nelson. He arrived at the agreed time, properly introduced himself & explained the benefits of the procedures. Friendly, courteous & very knowledgeable in his work. Truly a valued employee. ”- Sam M.

Search

We want you to know we really enjoy working with Steve Clary. He really is a good representative for Preservation Tree. We thank you for hiring such great people. ”- Chuck L.

Who is Responsible When a Large Tree Falls Across Property Lines?

What are you to do if your tree falls onto your neighbor’s property, causing damage?

With all of the extreme weather we’ve experienced in the past year, homeowners are sure to have lots of questions regarding liability and fallen trees. So, what are you to do if your tree falls onto your neighbor’s property, causing damage to home, fencing or sheds?

When is it your fault?

You can be found liable for damage caused to your neighbor’s property in the event that the damage stems from your negligence of care of the tree. Meaning, if you as the property owner, do not maintain your trees with proper pruning and removal of dead or damaged limbs, you are responsible for the damage caused.

IMG_4121-Copy

In this instance, an extreme weather event caused failure of the tree’s root system, causing extensive damage to the vehicle. In this situation, the vehicle owner would need to file a claim with their existing insurance to cover the damage.

In addition to rereading your insurance policy, be sure to hire a certified, reputable, and insured tree care company to inspect and care for your trees preventatively. By doing so, you mitigate any risk of being found liable for tree related damage. If you find yourself in need of help with a legal matter, or need to assess risk for a tree, always contact a Registered Consulting Arborist.

When it isn’t your fault

In most situations, as a responsible homeowner, you are not held liable for damage to your neighbor’s property. This is especially true in ‘Act of God’ scenarios, such as tornadoes or ice storms, that are out of your control. In these situations, your neighbor will be able to file a claim with their own insurance company & receive compensation.

IMG_4142-Copy

We came across the damage above after the wind storm of June 2019. As a current client, we knew this particular tree was properly maintained prior to the storm, therefore a neighbor would not be able to claim negligence.

If you are worried about potential damage to your property due to a neighbor’s tree, we detail tree pruning rights in this blog.

We suggest you read over your homeowner’s insurance policy and clarify any questions you have with your insurance agent – preferably before the next storm season hits. Which these days can be any day in DFW!

Entry Info

Leave a Comment