When A Tree Falls
Monday, December 12, 2011
Christmas Tree, oh Christmas Tree….It ‘tis the season when spruce, balsam, pine, and cedar trees are fallen to be placed in homes… But what happens if your neighbor’s tree falls onto your property and damages your car, fence, house, or garage? Who Pays? Who Picks Up the Pieces?
When A Tree Falls
Your neighbor is responsible when a tree falls over your shared property line only if you can prove he was aware that his tree was a hazard and refused to remedy the problem. Regardless, your insurance company restores your property first, and later decides whether or not to pursue reimbursement from the neighbor or his insurer if the neighbor was negligent in maintaining the tree.
Before A Tree Falls
Write a letter to your neighbor before his dead, diseased or listing tree falls through your roof or over your property line.
The letter should include:
Description of the problem
Photographs
Request for action
Cc your Attorney and/or your Insurance Company—not necessary but indicates you mean business.
You Want To Trim Their Tree’s Limbs?
If the limbs of a tree hang over your property line, you may trim the branches up to the property line, but not cut down the entire tree. However, please know that if a tree dies after your pruning, the neighbor can pursue a claim against you in civil or small claims court. In order to be successful, your neighbor may have to prove the damage was deliberate or caused by negligence, but they may also be able to recover up to three times the value of the tree.
Before you cut, tell your neighbors what you intend to do to protect your property. Who knows, they may offer to split the cost or trim the whole tree themselves instead of risking your having you or your contractor do the job.
Oops…Your Tree Falls!
It’s always a good idea to take care of your big, beautiful trees, and keep receipts for trimmings and other care. But if your tree falls over a neighbor’s property line, do nothing until their insurance company contacts you. You may not be liable unless you knew or should have known the tree was in a dangerous condition. If you pruned a tree or shored up trunks to prevent problems, gather your receipts to prove your diligence.
- Scott Askew
Posted in: Intown Living