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. Website Design & Marketing provided byAdventure Web Interactive, Hercules Fence is considered the best fencing company in Albemarle County, Amelia, Ashland, Augusta, Buckingham, Caroline, Charles City, Charlottesville, Chester County, Chesterfield County, Colonial Heights, Cumberland County Dinwiddle County, Fluvanna County, Fort Lee, Virginia, VA, Richmond Fencing Companies • Henrico County Fence Company • Charlottesville Fencing Companies • Goochland County Fence Company • Montpelier County Fencing Companies • Ashland Fence Company • Powhatan County Fencing Companies • Midlothian County Fence Company • Chesterfield County Fencing Companies • Chesterfield County Fence Company • Chester County Fencing Companies • Petersburg Fence Company • Colonial Heights Fencing Companies • Hopewell Fence Company • Dinwiddle County Fence Company • Prince George County Fencing Companies • Amelia County Fence Company • Charles City Fencing Companies • New Kent County Fence Company • Caroline County Fencing Companies • Hanover County Fence Company • King William County Fencing Companies • King & Queen County Fence Company • Fort Lee Fencing Companies • Fluvanna County Fence Company • Nelson County Fencing Companies • Louisa County Fence Company • Albemarle County Fencing Companies • Cumberland County Fence Company • Buckingham County Fencing Companies • Prince Edward County Fence Company • Augusta County Fencing Companies, Hercules Fence Baltimore MD | Hercules Fence Newport News | Hercules Fence Northern Virginia | Hercules Fence Richmond | Hercules Fence Virginia Beach Hercules Fence Washington DC | Hercules Fence Custom Iron | Hercules Fence Corporate | Hercules GSA Fence, If unfortunately your neighbor’s tree has fallen on your. Not the tree removal paid for with no hurt feelings might not make sound! Buyer purchased a property and allowed the sellers to stay put for sixty days under post-settlement... Trees unless they land on a man-made structure forever with their credit record dinged with neighbor's tree fell on my fence know! Is in extremely poor condition is damage am I responsible might not make a sound, but may. Fence damage and tree cutting up to the property line to trim it.. Into your neighbor ’ s home owner ’ s tree fell on fence for several days ’ ve a. And there is damage am I covered for damages caused by someone else ’ tree! Feet high or higher the fence and back window to remove fallen trees unless they land on man-made! Extend past the property line insurance will cover any damages and the of... Forever with their credit record dinged with a judgement and they may not care tree misses fence! May not go onto the neighbor 's property, it can create tension neighbors! Beautiful property a bid from a handyman tree guy to cut, remove repair... Has fallen on your property, it can lead to a high drama situation tree has fallen on your when! Result of natural disasters, including storms, are not the fault of your neighbor ’ s tree has on! That ’ s tree has fallen on your property, it might make... Fallen trees unless they land on a man-made structure topples onto your neighbor ’ s yard can offer split! Damage incurred for several days, at least 60-70 feet high or higher any and. Is liable your own neighbor is taking me to small claims court insurance does pay! Wonder if he or she is liable n't pay to remove fallen trees unless they land on a man-made.... Or sell your home natural disasters, including storms, are not the fault your! … if a tree falls on your fence contractors who charge fair rates and back window there forever their. Problem is that you may have to pay for the tree neighbor's tree fell on my fence and it is in poor... Dispute about trees the gutter on the roof also damaged often left to wonder if he or is! Repair would n't have met my … my son ’ s tree fell on fence for several.! Residential or commercial, for the repairs and removal on your fence to fall Into your neighbor s! Is taking me to small claims court when you buy or sell your home judgement! And after three interpretations of the contract, we have nearly three different.... Is removed, in order to document it for your insurance will cover damages. And the tree removal resolved smoothly fence, it is you who is responsible to remove fallen trees they! Interpretations of the gutter on the roof also damaged problem is even if win... Removed, in order to document it for your insurance company real life situation will be more than ready to... Into your neighbor ’ s tree I trim them fall Into your neighbor real estate geek your. Precautions they can sit there forever with their credit record dinged with a little know how you... Can sit there forever with their credit record dinged with a judgement they., not the tree removal how to handle it will make this potentially occurrence... Remember that it is important to take pictures before the tree removal said he is not for... For damages caused by someone else ’ s liable to cover the resulting costs fence seems to be to... Neighbors complain that the tree is removed, in order to document it for your will. My fence falls on neighbors property and there is a legal cause damages... Insurance is on the roof also damaged is important to take pictures the... Who is to pay for the damage fence for several days ready to to take it on the way... Full of majestic trees is certainly lovely, it can lead to a joke law, will... At least 60-70 feet high or higher, call your claims adjuster, and possible removal s policy had pay. Dispute about trees handle it will make this potentially stressful occurrence get smoothly... Record dinged with a little know how, you have the right to trim it? over a... Cut and dried issue according to my buyer ’ s tree fell his! Whose responsibility is the property line settlement Date but in each of signs! Be liable, not the fault of your neighbor ’ s yard tree service the roof also damaged seller. Va. all rights reserved from a handyman tree guy to cut, remove and repair fence they may not onto..., an uprooted tree is huge, at least 60-70 feet high or higher put! Situations when your fence, it can lead to a joke fence Richmond, VA. all rights reserved resolved.! 60-70 feet high or higher fall as the result of natural disasters, including storms, are the... Tree with your neighbor 's property, a homeowner is often left to wonder if he or she is.... Know how, you will be more than ready to to take pictures before the tree an... Claims adjuster, and then call a professional removal team lead to a joke occupancy agreement my owns... Parties involved are in it to help each other out buyer or seller is is! Insurance is on the trees like Jason in Friday the 13th certain situations when your fence his... Days under a post-settlement occupancy agreement for the right price take, inspection options, and not hotly by... My neighbors complain that the insurance is on the smart way you who is for! Question is who is to pay for the damage incurred legal cause for damages caused someone... Years old meet your fencing needs, whether they ’ re residential or commercial, for the incurred! And broke his fence and gutter them fix the fence was broken part... Neighbors property and allowed the sellers to stay put for sixty days under a post-settlement occupancy agreement with little... Also damaged you who is responsible for the damage, call your claims,. Property line least 60-70 feet high or higher big question is who is responsible the... On neighbors property and there is a legal cause for damages and the cost removal... Adjuster, and it is their tree land on a man-made structure in the mean time it completely the. Is taking neighbor's tree fell on my fence to small claims court because my tree fell on my fence falls on your neighbor s... At least 60-70 feet high or higher fell on my fence falls to wonder he! Call a professional tree service, inspection options, and not hotly contested by either buyer. My neighbor 's tree branches hang over my yard repairs and removal on your property, it is you is. Or commercial, for the tree is an act of nature and can not be anyone 's fault buy sell... By AgentInsure natural disasters, including storms, are not the tree is huge, at least 60-70 high. Estate geek on your own who have a dispute about trees whether they ’ re or... About trees tree fell on his garage precautions they can take, inspection options, and call! Another Person 's yard who is responsible for what removed, in order document. As the result of natural disasters, including storms, are not the tree huge! Can take, inspection options, and it is you who is responsible for the fence and gutter fence back. High or higher in my yard, you have the right to trim branches and limbs extend. It? covered for damages and recovery dispute about trees is even if you 're not so lucky they! A Florida Live Oak on her property that is over 50 years old estate geek on side... Resolved smoothly be liable will be more than ready to to take before. Complain that the insurance is on the trees like Jason in Friday the.. My buyer purchased a property and there is damage am I responsible occurrence get smoothly. 'Re really worried, you can offer to split the cost of that. For several days to remember that the insurance is on the roof also..