When a tree falls on your property, the answer to who pays may surprise you
Many homeowners’ insurance plans cover property damage from fallen trees.
Some policies won’t cover fallen trees from earthquakes or floods.
You might have to pay for tree removal services.
Your neighbor’s negligence may mean they must pay.
You might assume that if a neighbor’s tree comes crashing down on your fence or roof that they’ll be responsible for fixing the damage—but that’s not always the case. Your neighbor may have to pay in some cases, but most often, your homeowners’ insurance covers the cost of the damages. It all depends on several key factors, like why the tree fell in the first place and the type of damage it caused. Here’s how to navigate this prickly situation.
If a neighbor’s tree falls in your yard, it doesn’t necessarily mean they are responsible. In fact, you should contact your homeowners’ insurance first, as there’s a good chance it will cover at least some of the costs incurred. Take these steps to determine who’s responsible for the fallen tree and remove it.
After you make sure everyone is OK, you should then contact your homeowners' insurance. If possible, encourage your neighbor to call their homeowners' insurance, too. Policies may vary, so they’ll be able to give you some specific next steps, but we’ll give you a general idea of how most processes go.
Inspect the tree for signs of decay, illness, or infection. A tree that was already showing signs of dying is a safety hazard and negligence on your neighbor’s part. If you can prove your neighbor’s negligence, they might be held liable for the damage to your property.
The next step is to contact a local tree removal company to take care of the tree. Try to find a company that is familiar with working with homeowners' insurance to make this process go smoothly. Again, some policies vary, so speak with your homeowners’ insurance company before booking anything.
In addition to tree removal services, you may also have to get in contact with a local storm damage repair company, depending on where the tree fell.
From there, you’ll want to ensure that any remaining trees are in good condition. This step is especially important if the fallen tree was infected or infested. If you see signs of illness in remaining trees on your neighbor’s property, use written communication and documentation to inform them of the sick or dying trees in case you need evidence for future claims.
While things can get heated here, it’s important to be respectful and calm in all of your communication. Chances are your neighbors don’t want any future accidents either, so they may be happy to take some preventative steps.
For the most part, you can expect a homeowners' insurance policy to cover at least some of the damage to your property. If the tree fell on your property and didn't cause any structural damage, however, you might be responsible for the costs of hiring a tree removal company near you to take care of the debris.
Getting to know your homeowner’s insurance policy can help you figure out what coverage you’ll receive. Your policy will tell you if there's a cap on removal costs, which are often either $500 or $1,000 per tree. That being said, homeowners' insurance coverage for fallen trees depends on the policy, your state, and even your municipality in some cases.
| Covered by Your Homeowners’ Insurance | Not Covered by Your Homeowners’ Insurance |
|---|---|
| The tree fell due to lightning damage | The tree fell due to neglect |
| The tree fell due to severe weather (snow, ice, wind, rain, etc.) | The tree fell on your lawn without damaging your property |
| Fire damage caused a tree to fall | You live in an area prone to floods or earthquakes, which may require separate insurance for those weather events |
If you don’t have homeowners' insurance, it’s a good idea to get it. If something goes wrong and you need costly repairs or replacements, then you’ll have to pay out of pocket to make that happen. Take, for example, a damaged roof. If a tree falls on your property and destroys your roof, the cost to replace a roof is between $5,700 and $12,300.
If your neighbor’s tree falls on a home you’re renting, and your neighbor isn’t at fault, things can get a little confusing. Both you and your landlord will need to contact the respective insurance companies to see what they will cover. Contact your landlord and renter’s insurance company ASAP for a professional to investigate the situation and determine which policies cover what damage or debris expenses.
If your neighbor’s tree fell due to negligence and damaged your house or other structures on your property, their insurance company is the one that is responsible for covering the damage to your property. If there’s no damage to your property, however, you’ll likely be responsible for covering the cost of removing the fallen tree.
Your neighbor’s negligence might not be enough to make them responsible for a tree that fell on your home. You'll need proof (as well as their cooperation) for insurance companies to take action.
Situations where your neighbor could be deemed negligent include:
Dead trees that have been left to rot for several years
Dead or damaged tree limbs or large branches hanging over or near your property
Clearly diseased trees that have been ignored
Tree infestations that haven’t been treated
While you may be able to sue your neighbor if the tree fell due to negligence, you could be wading into potentially challenging waters. Once you take legal action, your neighbor may retaliate. In other words, your neighbor may attempt to prove "contributory negligence" on your part.
Contributory negligence states that you have the legal right to prune trees or remove overhanging branches on your property, meaning the neighbor isn’t responsible for the natural cause of that overhanging branch.
You may be able to prove liability if you can point to evidence that you've asked your neighbor to remove a dead, diseased, or damaged tree for years. Documented proof of your attempts or confirmation from a neighbor could strengthen your case.
As a general rule, proving negligence is probably best used as a last resort if you can't come to some type of agreement. Trying to prove your neighbor is liable by making a claim is costly, challenging, and often not worth the effort.
If possible, try to keep the peace by sticking with your homeowners' insurance. Homeowners’ insurance will cover the costs of damages and tree removal in many cases. If you have a good relationship with your neighbor already, you can also try having a conversation about splitting the cost of the tree removal or coming to some other type of agreement while also keeping the peace.
After submitting your claim, you'll probably need to hire a tree specialist to remove the tree for you. The cost of tree removal is just one of the expenses you’ll need to deal with, along with any necessary repairs to your home.
When a large storm hits an area, some tree specialists work directly with homeowners' insurance companies. But in most instances, you'll need to contact each on your own and make individual arrangements.
You should always hire a licensed, bonded, and insured tree specialist to remove a tree from your yard. A licensed tree specialist tends to be more experienced and comfortable working with homeowners' insurance. Hiring an insured and bonded tree specialist protects you if an employee is injured on your property or you run into any other issues.
Hiring a licensed arborist near you to perform tree inspection and maintenance is the best way to ensure no fallen trees wreak havoc on your property. It’s also a good idea to visually inspect your trees and your neighbor’s trees periodically for signs of damage, disease, or death. If you see any signs, take action.
Again, for sick trees residing on your neighbor’s property, write a formal note and mail it through the post office if you’re concerned that they won’t take care of their trees. That way, you have proof just in case another tree falls on your property.
No, you cannot throw branches from your neighbor’s tree back into their yard, nor can you discard leaves or other plant matter that originated from their yard back over there if it happens to land in your yard. You are responsible for cleaning up plant matter that made its way into your yard.
Generally, if your neighbor’s tree hangs over your yard, you can legally trim overhanging branches. Keep in mind that you cannot cross your property line to cut the trees, and if you damage the tree by trimming it, your neighbor could sue you. Depending on the type of tree and value, this could mean dishing out two to three times the value of the tree.
It’s worth noting that the specifics of this type of tree maintenance and the guidelines around it may vary by location. Do your research and, most importantly, consult with your neighbor.
