If a Neighbor’s Tree Falls on my Property, Who is Responsible for Removal?

Have you ever thought, “if a Neighbor’s Tree falls on my property, who is Responsible for Removal?” Usually, people with a yard big enough on their property are likely to plant trees. They contribute with several benefits such as providing shade, giving off oxygen that we need to breathe and beautifying the landscape.

However, due to some circumstances, trees may fall, and they can do it in your backyard or among your neighbors. It may happen to your or your neighbor’s tree, affecting any yard. Given this, you may ask the following question: if a neighbor’s tree falls on my property, who is responsible for removal?

This blog will explain what you need to consider and what to do in case your neighbor’s tree falls on your property or vice versa.

We will give you solutions to clarify all your doubts concerning If a Neighbor’s Tree Falls on my property; who is Responsible for Removal? But remember, it will depend on the situation and how it will pay for the damages and the removal in this particular accident that the tree falls.

Know who is responsible for removal if a neighbor’s tree falls on your property?

Who will take responsibility for the damages caused if my neighbor’s trees fall on my property or the other way around? That is one of the biggest questions and concerns many people have regarding having trees on their property. Will that be my responsibility or my neighbors that in the future that tree falls?

One of the essential factors in determining who is liable for paying is what caused the tree to fall. There could be some difficulties determining some aspects; nonetheless, as previously mentioned, your insurance agent should always help you.

Natural disasters, for instance, are one of the most common causes for trees to fall. It may be a hurricane, tornado, wind storm, or winter storm that causes the tree to fall. In this case, as it is not your neighbor’s responsibility, they will not pay for the damages. Nature is liable, and your insurance policy should pay the repair costs.

What happens if your neighbor’s tree falls on your property due to a natural disaster?

It is essential to mention that this situation applies when a tree is in healthy conditions. Conversely, suppose the tree is not in optimal condition, and a light storm that would not usually knock it over knocks it over. In that case, it is your neighbor’s responsibility.

In order to better understand this, you can check Restatement (Second) of Torts § 342 (1965), which states that: a property owner is liable for any physical damage caused to neighbors by a condition on the land if, but only if:

The property owner knows or has reason to know of the situation and should be aware that it represents a critical risk of damage to the neighborhood. Likewise, the owner should expect they will not discover or realize the danger.
The property owner does not give proper care to their trees, putting the neighborhood at risk, or does not let them know the condition and risk they are involved in.
The neighbors do not know or have reason to know of the condition and the risk involved.

If your neighbor’s tree falls on your property in other circumstances that do not incorporate natural disasters?

That is a significant concern that many people have. Who will take accountability for removing the fallen tree? In that case, will you pay for it if there is material damage?

It depends on what circumstance your neighbor’s tree is under because, as we know, a tree fall is not as easy as we consider.

There are many circumstances in which a tree can fall naturally without needing a hurricane, tornado, wind storm, winter storm, or any other natural disaster.

And here you will know the most common signs that a tree is old and, at any moment, can fall. A good tip is to inform your neighbor if their trees have one of these appearances.

Mainly to avoid accidents and take proper care of the trees if they need to be trimmed, pruned, or removed from the root.

These are signals that most trees show and, at any moment, can fall naturally and provoke an accident or conflict.

Weak Roots
Dead Branches
Wood getting soft
Roots are rising up
The roots are exposed
Tree infested with carpenter ants
And fungus growing on it

But there is an expectation that if the tree falls naturally. If you don’t notice or no one suggests that you must remove your tree. Most of the time, the insurance company takes care of it.

Though, you must remember that will depend on the insurance company’s decision and the circumstances presented in that case.

Tips to keep your trees in perfect condition!

Trim your tree every 2-3 years; this will allow them to keep its natural shape and beauty.
Keep the roots projected by fertilizing the tree property.
Protect the trunk
Control all kinds of fungus and pests with the right organic products.

Find the Solution to your Problems With Us!

Now you know who is responsible for removal if a neighbor’s tree falls on your property. Also, you know how this legal process works and what suggestions you should follow, and everything seems more straightforward.

However, it would help if you always had the advice and service of a professional to avoid all this inconvenience. You must contact an experienced tree company to keep your trees in top condition and avoid problems. Vasquez Tree Service is your best option.

We are a professional company with over 13 years of experience. Proud to provide various tree services for our residential and commercial clients. Whether you need tree pruning, trimming, or removal, you will always receive outstanding benefits and results.

Remember, if your neighbor’s tree falls on your property. You know who to call for any tree problem!