If a neighbor's tree fell on your property who is liable?

Asked by Steven Rei, Narragansett, RI Sat Mar 2, 2013

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11
Jay Rezendes, Agent, Cranston, RI
Sat Mar 2, 2013
BEST ANSWER
Hey Steve, went through the same thing myself a few years back with my rental. You need to go through your insurance company, the tree removal is your responsibility up to your property line
1 vote
you were right - but of course you knew that, as you experienced it!
Flag Mon Mar 4, 2013
Steven Rei, Agent, Narragansett, RI
Sun Mar 3, 2013
Jay , I have to choose your answer as the most helpful. Thank you
1 vote
Thanks Steve, good luck
Flag Sun Mar 3, 2013
Murphy Team, Agent, Portland, ME
Fri Jul 4, 2014
Your homeowners insurance company should have all the answers for you. Better yet, ask your neighbor to check with their insurance company.
0 votes
Russ Ravary, Agent, Commerce Township, MI
Sun Mar 17, 2013
Your insurance company would cover it but may go after the neighbor for costs, but I'm no attorney or insurance agent
0 votes
Debra (Debbi…, Agent, Livingston, NJ
Mon Mar 4, 2013
sorry, but you're wrong John.....you might want to read up on that - it's simple - just google it

"In the United States at least, no one is held liable for acts of nature. If a tree fell on your property whether from your yard, your neighbor's yard, blown in from some national forest down the street or some other yard due to a natural occurrence you are responsible for the removal of debris on your own property. You may be covered under your own homeowner's policy for the damages and removal depending on the circumstances and on your insurance coverage. In many states, the tree must damage a structure for the debris removal to be covered. In almost all cases in the U.S. barring some proven negligence it is your own responsibility. The average homeowner is not expected to be an expert on trees."
0 votes
Deb
read my original message, shiney things you looked at most recent response, not the original answer. Jay's answer was lame-o and you dont have to be a tree expert to see a weighted heavy branch half broken awaiting for the next storm. Better answer to Steven Rei was call your insurance agent that knows state law and specific policy restrictions and coverages.
Flag Wed Mar 6, 2013
Paul Robinson, Agent, Wakefield, RI
Sun Mar 3, 2013
First you should hire a land surveyor to mark the property line.
0 votes
Beverly Cour…, , Coventry, RI
Sat Mar 2, 2013
That depends. Did it make a noise? (Sorry, couldnt help it!)
I'd talk to your neighbor directly before circling the wagons. He might already be trying to figure out what needs to be done. Together you might be able to come up with a amicable solution.
0 votes
John Walin, Agent, Libertyville, IL
Sat Mar 2, 2013
This was on peoples court yesterday, I swear!
You have the right to cut the overhanging branch over your property line and you do not need permission to trim their tree on the parts that cross your boundary. Neighborly to tell them your trimming their tree, not required. Acts of god not covered by insurance, Only case is for negligence, where you gave notice to neighbor that tree is an imminent hazard and they ignored you.

If you liked my answer thumbs up and best answer me, thx
0 votes
Bill Eckler, Agent, Venice, FL
Sat Mar 2, 2013
Consider the following:

Do either of you own a chain saw or a pick-up truck

Is there someone in the neighborhood that heats with wood?

Was there property damage caused by this event? If so, contact your insurance company.
0 votes
Nina Harris, Agent, Williston Park, NY
Sat Mar 2, 2013
In Nassau County...if your neighbor's tree falls on your property you are liable. Sorry :(
0 votes
Phil Rotondo, Agent, Melbourne, FL
Sat Mar 2, 2013
Place the blame on who committed the act.
The tree is liable.
0 votes
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