Step One: Making An Insurance Claim If your neighbor’s tree has fallen on your property, it is you who is responsible for the damage incurred. Debris removal for trees: Generally speaking, a homeowners’ insurance provides some coverage for the removal of trees from the premises if the tree damages your home or other insured property. Neighbor’s Trees Overhanging Your Property? Your tree falls on your neighbor’s property causing no damage. Find the right lawyer for your legal issue. If the tree is on the property line, both property owners share the value of the tree and are responsible for upkeep on their side of the boundary line. authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. States vary as to how “farming” is defined and how long the agricultural operation must be in existence in order to get protection under right to farm statutes. If your neighbor’s tree falls during a storm and damages your house, you should still be covered by your homeowners insurance policy. If the trunk of the tree is directly on the property line (a “boundary tree”), both you and your neighbors own the tree. If you have diseased or damaged trees on your property and they damage your neighbor’s house, he or she can try to prove your negligence. When that happens, their homeowners insurance company will usually be the one to hear about it.. Dr. Robert Hartwig, President of the Insurance Information Institute (III) knows first-hand how homeowners insurance can become involved when one of your trees falls … Laws may vary from state to state, and sometimes change. Do Not Sell My Personal Information, Nolo's Essential Guide to Buying Your First Home, Select State's Laws on Property Disputes Between Neighbors, When a Neighbor Damages or Destroys Your Tree, Adverse Who owns the tree between my house and my neighbor's house? You are responsible for allowing something on your property to encroach onto your neighbor's property. landowners and neighbors, get Neighbor no damange","acceptedAnswer":{"@type":"Answer","text":"Depends on what you mean by damage.  Do you mean it didn't hit anything or break anything but the tree is sitting there? "}}]}, Asked on May 9, 2009 under Real Estate Law, Missouri. A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. Do you mean it didn't hit anything or break anything but the tree is sitting there? Damages could be as simple as tree is causing the grass under it to die, or causing a barricade for cars, or preventing the owner from the quiet use and enjoyment of his property. Your property is your responsibility, so it’s best to inspect your trees every year for signs of disease or damage. You can't march into your neighbor's yard and cut down a tree that isn't yours. In addition, intentionally damaging a tree is a crime in some states and can result in arrest, jail, fines, and other penalties. So if a storm causes your neighbor’s tree to fall in your yard, your homeowners insurance could help cover the cost of removing the tree and remedying the damage it caused on your property, after your deductible.. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. In some states, specific laws allow you to recover additional damages if someone deliberately damages your tree. Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. If your state does not have a specific law defining and regulating boundary fences, there might be a local ordinance (in your city, county, or town) that has rules on boundary fences. Ornamental or landmark … What to Do . 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