Yasaman has sent me the following email pointing out that regular maintenance of trees on resident’s properties could prevent damage or even injuries.
In light of the severe storms we've been having, I want to point out that owners should be more aware of trees in their properties, specially those that have the potential to fall over their neighbor's yard and cause damage. Even though each person's insurance company would cover damages to the structures, no one wants to be in a position to have to go through the head-aches involved. Also, if the fallen tree does not cause any damages to any structures, the insurance companies will not pay for the removal of the tree. The latter happend to me during the second blizzard this year, where my neighbor's tree fell on my deck, but did not cause major damages. Luckily, I had a very nice neighbor who paid for the entire tree removal from both his and my yard, but not everyone could be nice like him, particularly when you read the county tree laws.Can you please be kind and alert the community of this very important matter. I really appreciate it. Yasaman
Yasaman touches on one point that I'd like to expand upon. Because both the winter and summer storms this year have damaged homeowner's trees, I've often been asked who is responsible for the damage if a neighbor's tree falls on my property. I've asked this question of both the IFA insurance agent and arborists hired to repair or remove damaged trees. My interpretation of the answers I've received goes something like this: The instant a tree (or a part of a tree) falls onto your property, that tree becomes your property. It is no longer your neighbor's property even if it had been before it fell on your property. I'm not saying that this is the legal interpretation of the situation (although it might be), I'm just saying that all the information I've received from experts is consistent with this view. Given this interpretation the following conclusions can be drawn:
- You may dispose of the tree that fell on your property in any way you choose. Your neighbor who originally owned the tree has no role in this decision.
- Your insurance company is expected to pay for the repair of any damage caused by the fallen tree -- not your neighbor's insurance company! The same holds true for the cleanup of the fallen tree. This makes sense since you are now the owner of that fallen tree, even though you didn't ask for the tree or want it to fall on your property.
- When a branch from a neighbor's tree overhangs your property, by this interpretation, that branch is yours. You may trim it as you see fit. An exception is that if your trimming of the overhanging branch causes damage to the tree, then you are responsible for the damage your actions has caused. If you decide to trim (or cut down) an overhanging branch of your neighbor's tree, please make sure you hire a certified arborist to analyze the consequences that will result from the trimming of the branch and make sure that your actions won't result in damaging the tree and therefore make you responsible for the damage.
As I said earlier, I'm not a lawyer and so I don't know if the fallen tree is legally yours. But from everything I've heard from the experts, the rules seem to function as if you owned the fallen tree.
Perhaps lawyers, insurance people, arborists, or other knowledgeable residents in our community can provide comments since this issue has unfortunately become all to common lately. Please leave a comment on this blog post or send me an email with your thoughts.
Thanks,
Harvey
Harvey Levine
4 comments:
Hi Harvey,
I just wanted to share some knowledge I have regarding your tree post. If you have a tree in a neighbor's yard that you have a legitimate concern about, and you communicate such and they still don't do anything about it, you still have options. You would hope your neighbor would be responsible and do the neighborly thing, but that is not always the case.
If you get in writing from a certified arborist that the tree is unhealthy or unsafe, and it causes damage to your property, you can file a liability claim against your neighbor's insurance. I am in that process right now from the first summer storm. My arborist was concerned about a tree and informed me of my rights when it was determined the neighbor would not be responsible about the situation after a conversation was had. I had it put in writing, before it fell, that my neighbor's tree was unsafe. Fortunately, I anticipate her insurance covering the costs. Two other neighbors of mine were affected with additional tree and fence damage due to the fall and will benefit from my diligence as well. We were lucky that it didn't hit our homes. To think it could have been cut down before causing such destruction.
So please, if an arborist is concerned as well, get it in writing so the owner of the tree's insurance will cover the damage. I hope this post will help some owners out there that might be dealing with what we are currently dealing with. Also, I hope it helps owner's become more responsible for their trees.
Thanks,
Carolyn
Carolyn:
Your comment is really helpful and the additional information will be much appreciated by others in a similar situation.
One question: Do you need to file this liability claim with your neighbor's insurance company. If so how to you obtain which insurance company your neighbor is using?
Hi Harvey,
You would need to file with your neighbor's insurance. Obtaining it is the tricky part. In my case, my neighbor filed a claim for her damage only when the tree fell. I asked her if I could talk to her agent when he visited the home to review the damage. She was nice enough to let me do so. It was at that time that I was able to obtain her insurance information. If you are not as lucky as I am, hopefully just asking before any damage occurs will help. That way you can have it for your records.
I hope this helps a little bit.
Carolyn
I had some tree work done by Bartlett Tree Experts and they are supurb! Adele
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