Causation means that the neighbor's breach of duty was responsible for the tree falling onto your property, and that it was foreseeable to a reasonable person in your neighbor's position that the tree would fall down if steps were not taken to prevent it from falling. So the owner of the damaged property pays. Your liability exists … Would love your thoughts, please comment. Strong wind blew down my neighbor's tree. 1 - The tree was healthy 2 - the neighbor never complained about the tree 3 - the tree fell during an unusually powerful hurricane force windstorm - the Mayor of Anchorage put out a notice that all damage is an "act of God" and property owners should contact their insurance. However, if the fallen tree or limb is because of homeowner neglect, then there is a legal cause for damages and recovery. A neighbor’s tree fell on my fence. If your neighbor’s tree has fallen on your property, it is you who is responsible for the damage incurred. Though at times, real life real estate transaction situations can feel like a brain teaser, this is something that I am dealing with today in my practice as a Gainesville Buyer’s Agent. © 2020 Hercules Fence Richmond, VA. All rights reserved. If the tree, or some of its branches, falls, the result may be severe damage to a house, a car, a boat, or other valuable property. Our experienced team can help meet your fencing needs, whether they’re residential or commercial, for the right price. In most situations, your insurance policy will provide coverage for this type of incident for the damage to your property. To see examples of our work and keep in touch, don’t forget to follow us on Facebook, Twitter, Google+, LinkedIn, Flickr, and Pinterest. If my fence falls on neighbors property and there is damage am I responsible? To avoid an unpleasant dispute (or your neighbor trimming your tree on their own—and possibly botching the job), talk with your neighbors and find out exactly how much tree trimming would do the trick. It would probably not only pay to repair or replace the fence but also remove the tree debris so that repairs can be made to the fence. I’m pretty sure this tree was on my neighbor’s property. No, this is not a set up to a joke. The real life situation will be smooth and the tree removal paid for with no hurt feelings. Associate Broker, Long & Foster Real Estate, Posted onDecember 21, 2020December 21, 2020AuthorChris Ann ClelandLeave a comment, If Your Tree Falls on Your Neighbor’s Fence…. 7526 Limestone Drive, Gainesville VA 20155. Whether you want a charming picket fence or a stunning honeysuckle natural fence to frame your yard, Hercules Fence has the expertise and equipment to repair or construct your dream fence. Homeowners' insurance doesn't pay to remove fallen trees unless they land on a man-made structure. That's right, even if the tree is rooted in your neighbor's yard, if it crashes onto your property, it's your problem. The big question is who is responsible for what? However, if you can prove your neighbor was negligent in caring for the dead or dying tree, it could easily become their insurance company’s problem. The same would be true if your neighbor’s tree falls and damages other property like your fence, garage, pool equipment or oversized concrete swan sculpture. However, knowing how to handle it will make this potentially stressful occurrence get resolved smoothly. She has never maintained the tree, and it is in extremely poor condition. If you notice any infected trees on your neighbor’s yard that are posing a risk, talk to them about it as soon as possible. Overall, insurance companies usually cover fence damage and tree removal. Chris Ann ClelandAssociate Broker, VA License #0225089470Long & Foster Real EstateCall or Text: 703-402-0037Email: ChrisAnn@LNF.comwww.UncompromisingValues.com, CategoriesGainesville, Home SellingTagsgainesville va buyers agent, whose responsibility is the property during a post settlement occupancy agreement, Serving: Aldie, Ashburn, Bristow, Centreville, Chantilly, Clifton, Fairfax, Gainesville, Haymarket, Leesburg, Manassas, Nokesville, Sterling, Warrenton, and Woodbridge, Other Northern VA Locations Served Upon Request and Availability. Trees that fall as the result of natural disasters, including storms, are not the fault of your neighbor. Before getting upset, remember that it is very likely that your insurance will cover any damages and the cost of removal as well. If Your Tree Falls on Your Neighbor’s Fence… No, this is not a set up to a joke. What should I do? If the neighbor took reasonable care of the tree … If you’re the owner of the tree and no physical damage was done—like to a home, a fence, or a shed—then the cleanup for your side is on you, as is the cost of removing the tree entirely. Tree fell on fence and was leaning on fence for several days. Then. See what separates us from the competition with … Also, how do I locate an attorney in my area that can write a demand letter to my neighbor to inform her that she will be held liable. While a mature landscape full of majestic trees is certainly lovely, it can create tension between neighbors. Yep, that’s you. Thankfully, the parties involved are in it to help each other out. Likewise, your neighbor cannot expect you to pay for damages caused as the result of a storm that knocks down a tree you own. After you have completed the process of filing your insurance claim and having the tree removed, take the time to examine the rest of the trees on your property. The issue is a neighbor's tree, over six feet tall, fell into my yard during a storm and broke my fence and is now laying in my yard. Then repair the fence and go back to enjoying in your beautiful property. The problem is that you may be held responsible for the damages in certain situations when your fence falls. Below you will find everything you need to know so you can keep a cool head when your neighbor’s tree falls on your fence or in your yard. The fence was broken and part of the gutter on the roof also damaged. Is Real Estate Business Conducted on Christmas Day? When that happens, who’s liable to cover the resulting costs? But in each of these situations where your tree topples onto your neighbor's property, when are you liable? Posted on July 3, 2014 July 16, 2014 by AgentInsure. If so, find reputable contractors who charge fair rates. 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