Property Damage Caused By Neighbor's Tree
Frequently rain wind snow ice and other weather events cause trees to fall. If the roots of neighbors row of backyard trees next to your fence have invaded your property causing damage to your hardscape andor threatening your homes foundation suit in court for injunctive relief may be effective to force them to remove their offending trees and to grind down the stumps to kill the roots thereby solving your problem and stopping the loss of your homes market value.
One of the most common questions attorneys get asked involves the situation where neighbors are disputing who is responsible for damage or issues arising from a nuisance tree growing over the property line.
Property damage caused by neighbor's tree. Tap your own coverage. The roots of your neighbors tree are causing your fence to uproot or shift. A limb from your neighbors poorly maintained tree falls into your property causing damage.
For instance storm damage causing an otherwise healthy tree to fall onto your property car home boat etc would be considered an act of God and your neighbor will not be held accountable for such damage. For this reason you may not be able to charge a neighbor for its removal. If the invading roots or branches cause serious harm to the neighbors property or threaten to do so the neighbor may sue.
In most states if a tree falls during a severe storm and damages another property the trees owner isnt liable. When it comes to property damage from a neighbors tree roots the general rule is that any part of the tree encroaching onto your property is your responsibility including maintenance. The owner of that tree in this case the condo association is legally.
For instance large trees that hang over a neighbors fence may pose a risk of injury or property damage while trees that arent trimmed properly can block a neighbors scenic view. But when your neighbors tree falls on your roof youll careand want to know whose homeowners insurance will pay. But if that happens in your case and you can prove that you warned your neighbor.
If the tree encroaches onto the neighbors property the neighbor may sue to make the owner cut the branches even if no damage has been done. AA tree that spreads its roots onto a neighboring property damaging the foundation of someone elses home is a nuisance. Trees are a common dispute among neighbors.
Finally if the cause of the damage to your property is the fault of a neighbor for example if a neighbors tree fell on your property or home your insurance company may make you pay the deductible at first but may try and get the deductible back from your neighbor to reimburse you. Your neighbors tree sheds its leaves nuts pods or other debris on your property. But unless your neighbor was doing something to his tree to cause it to come down we doubt you can blame the neighbor.
Generally such failure is considered to be negligence and a negligence owner can be liable for all damage resulting from such negligence. The owner of the tree may be responsible for damage caused to a neighbors property but only if it can be found that the trees owner failed to properly maintain the tree. If a storm knocks down a tree with a trunk in your yard and it causes damage on your neighbors property let your neighbor contact his or her homeowners insurance company to file a claim.
Just about everyone enjoys trees and other landscaping features but they can sometimes cause problems with neighbors. Tree disputes can take many forms such as trees that fall on a neighbors property and cause damage or circumstances where a neighbors tree blocks what would be a scenic or otherwise pleasant view. In most states if your tree or any part of it falls on your neighbors property and causes damage to their property through no fault of your own due to a snow storm winds hurricane or another so-called act of God you are not responsible.
When a tree from your neighbors yard loses a large branch during a storm and it crashes to the ground taking part of your fence with it this falls into the category of what your insurance policy probably refers to as an Act of God. Make a claim through your insurer for. Learn more about this in the section on subrogation below.
Take the situation where your neighbor has a tree on their property that grows over the property line and that trees roots are damaging your cement patio. Damage to Your Property Caused by Your Neighbors Tree A neighbors tree branch that hangs over your property may fall in a storm resulting in damage to your home car or other possessions.
