Ask Kim
When Your Tree Falls in Your Neighbor's Yard
The neighbor, not you, will have to file an insurance claim.
By Kimberly Lankford, Contributing Editor, Kiplinger's Personal Finance
May 6, 2010
Editor's note: Since Hurricane Irene hit the East Coast August 27, 2011, I've received quite a few questions from readers about insurance coverage for fallen trees. Here's a column I wrote last year with all the information.
I have an old tree on my property, and my next-door neighbor is worried that it could fall over in a big windstorm. Whose homeowner insurance pays for cleanup if my tree falls into my neighbor’s yard?
SEE ALSO: The Basics of Buying Homeowners Insurance
Good question, especially because hurricane season begins on June 1. If your neighbor’s property is damaged by your tree, then he should file a claim with his insurance company. But in most cases, nobody’s insurance policy will pay if the tree falls but doesn’t hit anything. If that happens, it’s probably up to you to pay for cleanup if you want to keep your relationship with your neighbor cordial
If the tree damages your neighbor’s house or garage, his homeowners policy will generally pay to fix the damage to the structure. If your tree damages your neighbor’s car, then the comprehensive-coverage portion of your neighbor’s auto insurance usually pays to repair it. The same goes for your policies if the tree falls on your property.
Even when insurance covers tree damage, however, most policies pay only $500 to $1,000 for tree removal. It can cost a few thousand dollars to haul away a fallen tree, so keep some money in your emergency fund just in case.
For more information about homeowners insurance, see Prepare Your Homeowners Insurance for Storm Season.
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Reader Comments (10)
Posted by: clydewolf at 05/07/2010 01:14:58 PM
I have had my trees fall into neighbors yards - more than once. In 2 instances the tree destroyed the neighbor's fence. I did do the clean-up, and the neighbors helped. One neighbor later had their lawyer write me a letter pointing out several trees on my property that were not sound. The lawyer's letter stated that if this (these) tree(s) were to damage the neighbor's fence, I was on notice to pay for repair of the fence. I did ask for the name of the arborist that declared the trees not sound. I received no reply.
Posted by: Kat at 05/07/2010 03:49:21 PM
So what if your neighbors tree roots are getting into your sewer system and backing up your pipes causing a health and safety isssue. My insurance coverage excludes tree roots, but its not my tree causing the problem. I offered to cut the tree back to the fence line (my property boundary) but the neighbor claimed that would kill the oak tree (good riddance) and they would sue me if that happened? Seems like I should be able to prune anything on my property up to my property boundry??
Posted by: homeowner in albany ny at 05/07/2010 05:05:13 PM
what if the tree is rotten or damaged with bare limbs and a decaying trunk AND you have sent your neighbor a certified letter informing him of this. This is EXACTLY what my insurance company instructed me to do. In that instance - contrary to what you seem to say here, my Insurance company would of course pay my damages - and then go after the homeowner for repayment. IS THIS CORRECT?
Posted by: Tom J. at 05/12/2010 01:42:40 PM
Dear Miss Lankford; Recently (last year) I was able to convince my insurance company to pay for the cutting down and removal of several large (90ft) pine trees from my property that, if they would happen to fall unfortuitously on my home, could cause severe (costly) damage. (It might have helped that as a result of Katrina, six large trees were toppled on my property with three of them landing on my roof....I escaped any serious injury during that particular catastrophy.) Of course I paid the deductible which I was unable to talk them out of. Nonetheless, a little precaution may save us both in the long run....
Posted by: Paul Reece at 05/17/2010 07:56:24 PM
I'd think again before contacting an insurance company about underwriting the removal of dangerous trees. Any right thinking insurer would see the notification as evidence that you knew in advance of the threat to your property and chose to ignore it. It's not your insurance company's responsibility to make your property safe; that's YOUR job. The insurance policy pays off when your best efforts fail.
Posted by: Mary in CT at 05/21/2010 11:41:38 AM
I see here and elsewhere some clear indications of which insurance company would pay: the neighbor's insurance company. To go further, if the damage is significant but less than is worth claiming (below or too near the deductible to be worth having a claim on my record), who should pay out of pocket for a) the damage caused to property and b) the cost of removing the downed tree(s)? In our case, the damage to our neighbor's fence was $750 and the tree removal hasn't been quantified yet, and our deductible is $1,000. Because we had the reflex to be nice, we paid them already and our tree company is doing the work, but my tree company just said we didn't legally have to do that. Would love to know if the liability is parallel for individuals as it is for insurance companies, just in case a tree falls into or out of our yard in future. Thanks for any guidance.
Posted by: felix at 06/05/2010 05:43:21 PM
I have had it both ways. I found out that it is legal to take action if you are being damaged. My neighbors trees were growing into my yard and also shading my fruit trees. I removed the roots by digging a trench along my fence and cutting the roots. I cut all large branches that were intruding on my airspace. Threat of suit but did not go anywhere as you have the right to your airspace and ground. This is how neighbors infringe on your rights by planting right along your property line. It costs several hundred to cut down and cut up a tree(and I can burn it in my fireplace) but a few thousand to pursue a lawsuit. If it is a frivilous lawsuit you can then sue them for your costs. Research "acts of God" in your state to see what your rights are.
Posted by: ajaynejr at 06/06/2010 09:36:08 AM
Normally you may cut away branches, etc. on your property but you are responsible if you killed the tree. But for roots infiltrating my septic system I would just quietly (use self help and) remove the roots including parts well outside the buried pipes so as to decrease the chances of reinfiltration. As far as rotten and threatening trees on your neighbor's property goes, you can consult with your own insurance company about what to do. They may inform you that it is okay to (again use self help and) hire a tree surgeon to come in on your side and reach over and cut down the trees. But if you can't do it yourself, the insurance company will have a hard time dropping you if you make repeated claims as a result of trees falling.
Posted by: Kev at 06/08/2010 08:10:59 PM
A branch from my neighbors tree fell on my property and partially into my pool. The limb is actually still partially attached to their tree? Any help on the responsibility factor?
Posted by: Mark Buckley at 06/16/2010 01:45:12 PM
That seems to be the standard answer. BUT if you send your neighbor a certified letter stating that his tree could be a hazard to your home/property he assumes responsiblity of whatever damage that tree does to you. The reason is that he has been warned and therefore neglected to do anything about it.