Neighbor cut down my tree - a tree fell down from the roots during tropical st XUAFEZY scaled e1607576929253

Who Is Responsible For Fallen Tree Removal


If a tree falls on a neighbour’s property and your insurer is liable for the damage caused by the tree, who should pay for the damage? This question has been asked many times: if your neighbour’s tree fell on your house and it fell on your neighbour’s property, which insurer is liable for the removal and damage you caused to that tree? Sources: 2, 13

If a branch falls on a neighbour’s property and destroys part of his house, he is liable for the damage. If a branch or tree falls on a neighbour’s garage, fence or shed and causes serious damage, who is responsible? Before you can determine whether a falling branch causes damage, you need to know who owns the tree. Sources: 14, 18

If the tree is on private land, the owner is responsible for its care. If a tree damages a neighbouring property through the carelessness of its owner, the owner can be held liable for the damage. If you find out that your actions ultimately killed your neighbour’s tree, who is to blame? Sources: 8, 18, 19

If a tree falls on your property and damages an insured structure, you will have to pay for its removal. If it costs only $75 to $150 to remove the tree from the garden, but it does damage to your home and is part of a larger, more expensive claim, filing a lawsuit may not be cost effective. On the other hand, say, a storm blows a tree out of the yard and destroys nothing, insurance wouldn’t really cover all the costs of removal, and those costs are so high that it made no sense for you to file a lawsuit. There are times when a fallen tree is your responsibility and your insurer won’t pay for it. Sources: 4, 15, 16

If your neighbour’s tree falls on your house, you may wonder who is responsible for the damage to your house and out of pocket insurance. If you can prove that your neighbour’s tree fell because he was sick or dead and you did nothing to prevent it falling, you are not liable for any damage to property. However, if the tree owner is negligent, you are responsible for removing all parts of the tree that affect your property, even if you have paid for all the damage. Sources: 0, 7, 17

If a fallen tree blocks your driveway, your insurance company can take over the removal of building debris. If you are concerned about the safety of your home or property from a falling tree, you can contact your utility to have the tree removed. The cost of tree removal is covered by homeowner’s insurance, which is based on determining the cause of the fall and the location. Whether or not a tree removal is covered by insurance depends on what causes a tree to fall, where it has been removed and what type of tree has fallen. Sources: 9, 13, 16

That being said, homeowners who carry out their own tree removal themselves are responsible for any damage that may occur due to lack of experience or negligence. If a tree falls – it is up to you to remove it – consult a specialist or try to do the work yourself. Sources: 17, 20

Although property is important, it usually doesn’t matter who is responsible for fallen trees. Anyone who undertakes the removal of a tree without permission from the builder – whether on his own property or on a neighbouring property – is obliged to compensate the arborist. The decision to remove a fallen tree itself or on a neighbouring property depends directly on the ownership issue. It is not the homeowner who is responsible, but the owner of a tree that falls on his property. Sources: 5, 10, 12, 13

If the policy allows for a general removal of trees, payment can only be made if the tree falls on the property and does not damage any part of an insured dwelling or other structure. If a tree belongs to him, falls on his own property and does not damage the covered property, which he pays for the removal or maintenance, the neighbour pays for its maintenance. A tree that belonged to you, fell on a neighbor’s property or was not damaged will be paid for by your neighbor if you have the trees removed. Sources: 3, 11

You can expect homeowner insurance to cover the cost of removing a fallen tree, but that is not always the case. Sources: 4

Most claims for fallen trees are due to storms or natural events, but in cases where trees have been felled by gale-force winds, a neighboring property owner may have to compensate. If a tree falls in nature, the insurance of the neighbor usually takes over everything. However, in the event of a fallen tree, the insurance companies representing the homeowners are responsible for the necessary repair costs. If the tree falls due to a natural event, the insurance of the neighbor will usually cover the costs and cover everything for you. However, if it falls due to an act of its nature, insurance is usually responsible for remedying the damage. 

Cited Sources

#1 Guide to Neighbors and Tree Dispute Laws

Do you have questions regarding a tree, damage, and property lines?

You May Also Like