"A tree in my yard just fell on my neighbor's house – WHO IS RESPONSIBLE?"

Did you ever wonder what would happen when your tree falls on your neighbor’s house during a wind storm? Who would be responsible? Will your homeowner’s insurance policy cover their damage? This would be considered an act of nature and is not covered unless it was caused by your negligence. This particular question is one that comes up often since we have so many hail and wind storms during this time of the year.
As a homeowner, it is your responsibility to maintain your property, including your trees to ensure that any dead limbs or dead trees are cut off or cut down.
Also, if you notice that your neighbor has some dead trees and/or dead tree limbs, make sure you speak with them about the situation so they are aware of the issue. Ask if they are planning on cutting them down. If you do not receive a positive response from them, then the next step would be to send them an official letter stating they may be held liable for all of the damages if the tree falls on your home since they failed to take action. Expenses of that claim would be paid under their homeowners liability coverage. That claim alone might increase their renewal premium. I would keep a copy for your file and send your insurance agent a copy.
If a neighbor’s healthy tree falls on your home, your homeowners insurance policy would respond to damage and debris removal. The same is true for their policy if one of your healthy trees falls on your neighbor’s home. Again, your next door neighbor cannot be responsible for damages done by their healthy trees to your home. However, helping each other clean up would be very neighborly.
This is a common question we get from time to time. This simple explanation will help you to remember that YOUR trees on YOUR property have to be taken care of just like you need to be aware that your neighbor’s trees should be alive and well also. It’s a messy situation on either side of your fence if this claim occurs. Let us know how we might could help you along the way as we continue to strive to earn your business. Contact any of our staff at 615.377.1212 or EMAIL us at info@BentonWhite.com. THANKS for your business!

Leave your comment