Who Is Responsible If A Neighbor's Tree Falls Into Your Yard?

There are few things scarier than having a tree fall into your yard. If the tree isn't even yours, then it might not just be frightening, but also confusing ... especially as you try to make sense of who needs to pay for the clean up and for any damages caused. Unfortunately, the answer as to who pays for the damage can be complicated and depends on multiple factors, including whether your neighbor was negligent with their tree's upkeep. Fortunately, it isn't your job to determine who is responsible or at fault. Your homeowners insurance will take care of that.

Of course, if a tree falls in your yard, your first responsibility is to make sure no one is injured and that there is no immediate danger. If you think power lines may have been damaged or if your power goes out as a result of a tree falling, contact your utility company immediately. Once you've confirmed no one is hurt and that there is no immediate damage, you should then call your homeowners insurance company and inform them about what happened. In most cases you can file a claim and your insurance will cover the cost (minus your deductible) of removing the tree and repairing damage. 

If you decide that the damage caused by the tree is enough to justify filing a claim with your homeowners insurance, then you should contact them and inform them about what has happened and the severity of the damage. Taking photos will help a lot. Additionally, making a claim can cause your insurance premiums to increase. So if the extent of the damage was just the neighbor's tree breaking a garden wall or fence, it may not be worth filing a claim.

Once you've filed a claim with your homeowners insurance, they will decide if your neighbor was negligent in any way. If they feel that the damage was caused by the neighbor's negligence, then they may involve the neighbor's insurance company. The specifics of tree law varies from state to state, so it's always best to contact a local attorney if you have questions or concerns about a specific situation.

While it's often impossible to prevent trees from falling, especially if it is due to extreme weather, trees that are rotten, severely damaged, or dead and located near structures are especially risky. These should be removed before they fall and cause damage or injury. If you are worried about one of your neighbor's trees threatening your home or yard, you can politely let your neighbor know.

If mentioning your concerns to your neighbor does not help, you can also contact your city, or even a lawyer, to help get the tree removed before it causes serious damage. You are also allowed to trim any branches of the tree back to the property line as long as you don't damage the tree in the process. It's best to contact a professional for this. Just like you would want a neighbor to remove a tree threatening your home, be sure to contact a professional arborist to assess and possibly cut down any tree in your own yard that has a high risk of falling on your neighbor's home or yard.