Agency Principal, proud husband & father, and jazz enthusiast.
My tree fell on my neighbor’s property. What do I need to do?
We receive this question time and time again.
When those windstorms race through the Ark-La-Tex, the possibility of some of your stuff landing in your neighbor’s yard tends to pick up too.
You just don’t want your stuff to visit your neighbors yard in the form of a tree or its limbs.
Limbs feel the need to crack and fly during some of the larger storms.
Sometimes a whole tree can uproot from the ground. Unfortunately, your neighbor’s house tends to sit in the line of fire.
Disputes between neighbors never provide much peace.
Who wants an angry neighbor?
We advise knowing a few things before the situation ever takes place so logic and reason prevail.
After storm damage from a significant weather event that knocks over “a” tree, you have to start with first things first.
As the property owner, you have to know if the tree belongs to you or your neighbor prior to knowing who the liability rests with.
The truth lies with the trunk.
If said trunk of the tree sits on your neighbor’s property, guess what? They own it.
Even if the canopy of the tree rests more on your property.
If a tree (in whole or part) from your property causes damage to your neighbor’s house during a windstorm, then your neighbor would typically file a claim with their insurance company.
If your tree was the cause of the damage, your insurance policy may apply and provide coverage for the damage.
This coverage typically falls under the policy’s “dwelling” or “property damage” section.
Coverage will only be available if negligence on your part is a factor, for example, not maintaining the tree properly or not removing it when it becomes hazardous.
Your insurance company will want to know if it was a healthy tree or a diseased tree.
If your policy provides coverage, you have the responsibility of paying your deductible, i.e., the amount you agreed to pay out-of-pocket before receiving funds from your insurance carrier to pay for the repair/restoration of property.
Reviewing your homeowners insurance policy helps you to understand your insurance coverages and exclusions.
It also allows you insight into whether you need additional insurance, e.g., liability insurance, to further protect in the case of unexpected damage to your neighbor’s property.
If the trunk sits right on the property line, you and your neighbor co-own the tree.
In this case, both neighbors typically share ownership of the tree and maintenance responsibility.
If a shared tree falls on your neighbor’s property and causes damage, they may have responsibility for any damage to their own property.
However, if the tree was diseased or in poor condition and you knew or should have known about the potential danger, your shared ownership may also make you liable for the damage.
It’s best to communicate and cooperate as neighbors on matters related to trees on shared property lines.
You can agree to share the costs of maintaining the tree, including pruning and removal, and establish an understanding of each other’s responsibilities in case of damage caused by the tree.
As you know, plenty of other targets exist in your neighbor’s yard.
While a dwelling consists of your home or attached structure, such as a garage, the term “other structures” refers to detached garages, sheds, fences, or gazebos.
If the fallen tree lands on one or a couple of these instead of your neighbor’s house, who pays?
Your policy’s “other structures” section typically provides coverage for these types of structures on their property.
However, the coverage applies only if you, the policyholder, prove negligent in some way.
It’s not unusual for people to park a vehicle or two in their driveway or near their house instead of using the garage.
Sometimes packed garages prevent people from placing their vehicle inside before a windstorm.
If your tree careens down on a car and smashed out a window or dents the hood, what happens?
The damage caused by a falling tree on a car can be very expensive for the unlucky car owner.
The responsibility when it comes to dealing with potential damage from a falling tree cuts both ways as well; if your tree falls on someone else’s car, then their insurer should cover the full cost if they too have comprehensive coverage.
Whomever is responsible for the incident should act swiftly in communicating and coordinating with each insurer involved before taking any action with repairing or replacing the damaged vehicle(s).
Even if you are sure of who caused the accident, it is best practice to review your homeowners insurance policy and contact your independent agent just to ensure that everything is fully understood.
The policyholder’s homeowner’s insurance policy may provide coverage for the damage caused by the fallen tree.
This coverage typically falls under the policy’s “personal liability” section, which covers the policyholder’s legal responsibility for bodily injury or property damage caused to others.
Again, this coverage would apply due to your negligence as the tree owner.
The damage caused by a falling tree on your neighbor’s property can be costly. It is important to act quickly in communicating and coordinating with each insurer involved before taking any further action. If your tree has damaged other structures such as fences, sheds, gazebos, or even a swimming pool, then the responsibility for repair costs may fall on the owner of the tree.
In these cases, your homeowner’s insurance policy may provide coverage for the damage caused by the fallen tree. This coverage typically falls under the policy’s “personal liability” section, which covers the policyholder’s legal responsibility for bodily injury or property damage caused to others.
Again, this coverage would apply due to your negligence as the tree owner.
As the tree owner, make sure you minimize the chances of having to file a claim with your insurance carrier by properly maintaining the tree(s) on your property and shared property with your neighbor.
Consider removing diseased trees when necessary to prevent dead tree damage.
If your neighbor does experience damage from your tree due to a natural peril or if determined a lack of maintenance, make sure you notify your independent insurance agent to guide you.
Here at Watley Insurance Group, we serve the Ark-La-Tex area, specializing in helping those in Shreveport, Bossier City, Benton, Barksdale Air Force Base, Haughton, Keithville, and Blanchard.
As your neighbor, we welcome you to fall into line with us and get the proper policy in place for home, auto, life, health, and a variety of other coverages.
Contact us, give us a call, send us an email, or drop in!
Agency Principal, proud husband & father, and jazz enthusiast.