Who Is Responsible When Your Tree Falls on a Neighbor's Property?

Stately trees can be a big part of a yard’s natural beauty, but they can also pose hidden risks. Here are preventive tips to help you reduce the possibility of your trees causing property damage, as well as useful insurance information for when one inevitably does fall (no matter which side of the property line takes the hit).

Tree Roots: The Root of the Problem

Trees usually exhibit visible signs before they fall—but not always. Below ground, these are some of the most common tree root conditions that increase the likelihood of a tree falling.

Infection. As trees age, they become more susceptible to disease and decay. Poor drainage can cause the roots to rot or develop fungal disease. Because the root system is below the surface, you may not be aware of a problem like root rot until it’s too late.

Construction. Another danger to a tree’s root system comes when earth is added to or removed from the ground around the tree. The bulk of the root system is usually only one or two feet deep, so fill dirt that’s put on the ground over the roots can cut off the oxygen supply and kill the tree. Alternatively, a contractor working near a tree may damage the roots or dig them up, affecting the tree’s ability to stand upright.

Restricted growing conditions. A tree’s roots generally extend at least as far out as its branches—called the drip line. If a tree’s root system doesn’t have room to grow, the tree can get top heavy and be prone to toppling.

Insects. Harmful bugs that bore their way into the trunk, roots or branches of a tree can kill or severely weaken it, leaving it one windstorm or heavy rain away from falling.

When Weather Takes It’s Toll

Once a tree’s health has been compromised by one of the above conditions, any of the following types of weather make it that much more likely the tree will drop unexpectedly.

Heavy rain. Storms that saturate the soil can prevent a tree’s roots from anchoring the tree firmly in place, and the tree is more likely to topple.

Wind. The stronger the wind, the greater the chance that healthy trees will be felled. Pine trees are particularly vulnerable—they have shallow root systems and brittle trunks that can snap in high winds—but most trees that fall in the wind have some other problem that contributes to their demise.

Lightning. When a tree is struck by lightning, the bolt may knock down a limb, split the trunk or, if powerful enough, even cause the tree to explode in a shower of shattering bark and wood.

Snow and ice. Some trees fall or drop a limb when they’re weighed down by dense snow and ice accumulating on their branches.

Tree Maintenance: Protect and Prevent

They say an ounce of prevention is worth a pound of cure, and that holds true for the health of the trees in your yard. Properly watering and mulching a tree can help it thrive and resist infection, and you should also inspect your trees regularly for signs of damage, decay, infestation or disease. A good time to check for damage is during cleanup after a storm.

Don’t wait until a tree falls to deal with it. Even though homeowners insurance doesn’t cover the cost of removing a tree or branches that haven’t fallen, it’s smart to have a professional come take a careful look and prune or remove a problem tree before it causes damage. (Inspect the trees close to your home and driveway, and have overhanging branches removed before winter weather arrives.)

Don’t let the cost of a tree-trimming expert keep you from hiring one; you’re likely to save money and headache in the long run. Also, ignore the little voice in your head that says you can remove a tree on your own. A contractor licensed in tree removal is better equipped to handle the job and the risks involved and, unlike you, will be covered in case of any mishaps.

A Tree Fell in My Yard. Now What?

Despite your best efforts, you may still find yourself dealing with a downed tree or limb. One of the first questions you’ll probably ask will be, “Does home insurance cover tree damage?” The answer lies in what toppled the tree (such as a storm), how well you cared for the tree before it fell and whether the fallen tree damaged property. Here are a few scenarios that review the role insurance plays when a tree does damage to your property:

A healthy tree falls or drops a limb on your home, garage, shed or fence. Typically, if any part of a healthy tree falls onto any of your insured structures because of a storm, your homeowners insurance will cover the damage and the cost to remove the tree. This is true whether the tree was growing on your property or your neighbor’s. Coverage limits you’ve set will determine how much your insurer may pay for tree damage and repair.

A healthy tree or limb damages your car. When a downed tree or dropped limb falls on your car, you may wonder who to contact—your auto insurer or your home insurer. Damage to your car will be handled by your auto insurer, provided you have “Other Than Collision/Comprehensive” coverage.

A diseased or dead tree in your yard damages your property. Regular maintenance of your trees is your responsibility (see “Preventive Maintenance” above), and it’s also an easy way to help protect your property. If you neglect to address a problem—such as ignoring a large branch that’s dead and ready to fall, or even a whole tree that’s in poor health—your insurance will probably not consider it a covered claim and you’ll be left paying out of pocket for repairs.

Crossing the Line: Your Tree Falls on Your Neighbor’s Property

What happens when your tree falls onto your neighbor’s property? Here are a few common scenarios that cover who is likely to pay for any damage.

You’ll probably need to pay …

• if the tree was known to be diseased or dead and you neglected to have it removed.
• if you were cutting the tree without professional help.
• if the tree was a clear danger to your neighbor’s property and your neighbor has evidence (such as a written request for you to prune it).

Your neighbor will need to pay …

• if the fallen tree caused no property damage. There is generally no coverage for debris removal.
• if the tree was healthy and caused damage when it fell or dropped a limb due to a storm. Acts of nature are nobody’s fault, and so you won’t be responsible for your neighbor’s property; he’ll need to file a claim with his own insurer.
• if you can show that you had an arborist properly maintaining your tree.

Now that you know some of the things that can cause trees to come down, how to minimize the chances of them falling and what to do if one does fall, you can appreciate the role insurance plays in covering the cost of the cleanup and repair of your property. So, if you’re ready to review your insurance coverage, or even if you just want more information about the scenarios mentioned above, AAA is here to help.