Accidents will happen and damage from tree falls is one of the largest expenses that home owners may have. If the tree is on your property then you or your home owner’s insurance should cover the expense but what if the tree is on your neighbor’s property?
In many cases you will find that there is a clause for act of nature and this would come into play where a neighbor believes that their trees are in good health and a storm or other natural situation cause the tree to damage your home. In this case the neighbor probably won’t be required to use their insurance to cover your damages.
On the other hand if there is a situation where a tree has grown across the property line and is causing damage or potentially will cause damage and the neighbor has been notified then they could be held liable.
A friend contacts us about a neighbor who has a tree and one of its branches is leaning on their shed. The neighbor wants to trim the tree before more damage happens and before they repair the roof of the shed. In this situation you are putting the neighbor on notice and it should be done by certified mail if you can. If the situation requires the entire tree to come down or if cutting the tree back would put the tree’s heath at risk you must notify them before you take the work into your own hands. You shouldn’t do the work without consulting a professional even if you feel you can do the work yourself.
Another case might be where a neighbor has a large tree that is starting to die and if it falls it could potentially damage your property. In this case it is best to hire a professional that will provide a letter that you can include when contacting your neighbor. No damage has happened as of yet but there is real potential for it to happen so the neighbor needs to be notified and given the chance to remedy the problem.
Putting Your Neighbor On Notice
As soon as you see a problem it is important to put your neighbor on notice officially. This can mean a letter from you or depending on the size of the problem you might want to get a lawyer to contact them on your behalf.
As said above your neighbor won’t be liable for your repairs or costs unless they know there is a problem before it happens so acting quickly is important.
Take pictures of the trees and have them inspected by a tree service and explain that you need them to provide a letter and estimate of what should be done to cure the problem.
Can You Legally Cut Your Neighbor’s Trees?
Yes in most instances you can trim the tree back to the property line or to a point that a professional suggests to both remove the problem and preserve the health of the tree. If you do this on your own you may risk being sued if the tree dies and a court could give your neighbor a judgement of 3x the value of the tree. This can be very expensive when you are dealing with very large established trees.
Always Consult Professionals In Your Area
Problems like this are very common and tree service companies and lawyers are very well equipped to help you when you need help. I would suggest hiring a lawyer that works for a flat fee for the initial stage. If litigation is required have the lawyer give you an estimate of the cost you can expect.
Are You Always Liable?
No, you are not always liable and this is the reason you want to put your neighbor on notice. If your insurance does not cover the full costs of repair and replacement along with any possible housing you might need if the home is damaged beyond livability then you could be out of pocket. Your insurance may not cover all of the costs and if they do the payments may be delayed by many weeks or months.
Your insurance might also want to sue your neighbor so this could take an extended period before you can use your home again.
Consult professionals in your community and they will know how to guide you.
Final Note
Being aware of your property and your neighbor’s property is important. After every storm or heavy wind event you should inspect your home and everything around it. You never know when a problem might occur and quick action will mitigate your out of pocket expenses.
Even if you are not hiring a professional to do the work you can get estimates and do the work yourself. I would suggest that you get your neighbor to sign a waiver that allows you to do the work without any future repercussions.
If damage does occur be very careful about the estimate for repairs. A heavy roof hit to your home could result in secondary damage in hidden places. It could crack tile in kitchen’s and bathrooms, break plumbing or even your foundation. Water damage could result in additional costs if the home can’t be sealed up quickly.