Trees add a lot to your property, but when they fall, dealing with the cleanup might make you wonder why you ever wanted one in the first place. It’s especially tricky when a tree falls across a property line.
As a provider of tree services in Centennial, CO, we get many calls from local homeowners seeking help with fallen trees. When those trees fall onto their property from a neighbor’s yard, or vice versa, one of the first questions they ask is “Who is responsible for a fallen tree?”
Like so many other aspects of home ownership, the answer isn’t always simple.
Property Line Responsibility: It’s Not Always Clear-Cut
One of the first things to consider when determining who is responsible for a fallen tree is the location of the tree trunk, as tree ownership begins at the base.
If the trunk of the fallen tree was entirely on your property, it’s your tree, plain and simple, and you have to take care of the cleanup. However, if the trunk straddles the property line, you and your neighbor share responsibility for it.
Knowing your exact property line is key here. A quick review of your survey or plat map can help prevent disputes.
Homeowner Liability: When Are You on the Hook?
Things get a little trickier when dealing with damage from a fallen tree and determining who is liable for it.
If the tree was healthy and just fell over during one of Colorado’s dramatic spring windstorms, insurance companies typically consider this an “Act of God.” In other words, no one’s really at fault, and everyone must deal with their own cleanup. If your tree falls during a storm and crushes the neighbor’s fence, they’ll have to foot the bill for repairs.
However, if the tree was dead, leaning dangerously, or infested with beetles, and you were aware of the issue but didn’t address it, homeowner liability may come into play. You’ll likely be financially responsible for the damage caused by a risky tree you ignore. Insurance companies can make what’s called a negligence determination, essentially stating that you were negligent in your responsibility to care for the tree and are therefore liable for the damage.
Storm Damage Claims: Can Insurance Save the Day?
Most homeowners’ insurance policies cover storm damage claims caused by falling trees, regardless of tree ownership. However, they usually won’t pay to remove the fallen tree unless it damages a fence, house, or other insured structure.
Prevent Problems Before They Drop In
The best way to prevent headaches and the hassles of dealing with unhappy neighbors and insurance coverage is regular tree maintenance. If a tree appears to be in trouble, have it inspected. If your neighbor has a leaning hazard, a polite heads-up goes a long way to avoiding the question, “Who is responsible for a fallen tree?”
Professionals like Bear Creek Tree Service in Centennial, CO, are experts at helping a sick tree and can stabilize it or remove it safely if it’s beyond help. Don’t wait for trouble. Call (720) 299-1409 today for an inspection and advice.