If a storm knocks over a tree and it goes over the property line, who pays for it? Some general rules:
If the neighbor’s tree lands on your property damaging your house, he is responsible only if you can prove that he was aware that his tree was a hazard and refused to address the problem. If there was no property damage the clean-up is your responsibility. If there is property damage, your insurance company will restore your property first, and later decide whether or not to pursue reimbursement from the neighbor or his insurance if the neighbor was negligent in maintaining the tree.
If your tree falls over a neighbor’s property line, do nothing until their insurance company contacts you. Hold on to receipts if you prune a tree or shore up trunks to prove your diligence.
How can you tell if a tree is going to fall over? Inspect all sides of the tree. Check for cuts in or peeling bark. Inspect the tree’s crown for dead wood/brown leaves. Leaning trees are a danger. If the lean is quite pronounced due to poor weight balance, it might be time to call an arborist. Danger signs include cracked or heaving soil, especially on the side opposite the lean, and exposed roots around the base of the tree. Pruning branches can better distribute the weight and cables can be used to brace the tree trunk. Multiple trunks or splits in one trunk can be unstable as are cracks that extend deeply into or through the trunk. Signs of diseased or dying trees include reduced or no foliage, premature Autumn color, and mushrooms or carpenter ants at the base of the tree.
If you are worried about your neighbor’s dead, diseased or listing tree possibly falling through your roof, write him a letter describing the problem, and requesting action. Include photographs. You may want to consult with your attorney first.
Note: I am neither an attorney nor an insurance agent. Please contact the appropriate professional for specific advice.
