When your tree falls does your neighbor hear it? Most certainly if it falls on his property and damages the home, auto, or other personal property. But the question is, if a tree rooted in your property falls onto someone else’s, are you liable for damages?
The short answer is no. But look further than that answer at the ultimate liability. Technically speaking, claims for damage to a home are handled by that specific homeowner’s insurance. Thus, if your tree falls onto his property and breaks a window (or worse), your neighbor’s insurance will handle the repairs. Your homeowners policy and premium rates won’t be affected, but don’t discount that a neighbor may request that you pay any deductible amount he owes on a claim since the damage was caused from your tree.
Prevention and Negligence
Tree damage has always been a point of contention for homeowners. Say, for instance, that you have a large tree on your property that has been diagnosed with Dutch Elm Disease. The tree is literally dissolving from the inside. What if a wind storm comes along and blows that tree over and damages your neighbor’s house? Are you liable for negligence for not having the tree removed earlier? Most likely if there is documentation existing about the diagnosis and especially if your neighbor had complained previously in the past about potential damage.
However, if you have taken good preventative maintenance on your trees such as pruning branches and checking for disease regularly, then tree damage from a sudden wind storm is just another risk that insurance companies will take. Your insurance company will defend you in court if they are certain that you were not negligent with maintenance, and pay for damages if the court determines that you were.
Good Fences, Good Neighbors
Ultimately, however, you need to decide how well you want to maintain your neighborly relations. If you know for certain that a tree accident is your fault then paying for repairs is logical. And sometimes you may just want to keep good relationships with your neighbor and offer to split repair costs. In any case, it is always wise to keep trees maintained properly to avoid the situation from happening.
