A Neighbor’s Tree Damages Your Property; What Do You Do? Block Talk

What do you do in this situation:

The wind kicks up and drops branches from your neighbor’s dying tree on your roof or car, causing damage.

Whose responsibility is it to fix the damage? Do you file a claim with your homeowner or auto insurance carrier, or is it the neighbor’s responsibility?

Insurance companies say that, generally speaking, it’s on you; for auto claims, that is assuming you have comprehensive coverage. It’s covered under the “act of nature” rule. A deductible usually applies.

There are some exceptions. If a homeowner could have foreseen the damage because they chose to ignore a decaying tree, they could be held liable. But proving negligence isn’t easy, and you may have to file a claim with your carrier first and let the insurance companies fight it out.

Should courtesy come into play? Is it ever OK to ask the neighbor to pay part or all of the deductible if they don’t offer?

Even in situations where no property damage occurs, poorly tended trees can be a source of tension among neighbors. In most situations, neighbors generally have the right to trim branches or roots that encroach upon their property, but only up to the property line.

It’s not a good idea to fire up the chainsaw and start hacking away without getting permission to enter the property, and without considering your own risk. Improper pruning can distress the tree and cause it to die, making the person doing the cutting liable for damages.

Is it OK to throw a neighbor’s fallen tree branches back into their yard? If your tree is the one shedding branches into neighbors’ yards, do you feel an ethical responsibility to help clean up the mess?

It’s a lot to navigate. What’s the best way to climb this tree without alienating the neighbor?

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About Block Talk

Block Talk is a regular Patch feature offering real-world advice from readers on how to resolve everyday neighborhood problems. If you have a neighborhood etiquette question or problem you'd like for us to consider, email beth.dalbey@patch.com, with Block Talk as the subject line.

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