Who is responsible when your neighbor's tree falls on your house.

Every three years you get your trees trimmed. You know this is important so that if a windstorm comes the wind is able to pass through the tree, since it not filled with a bunch of small sprouts.   Airflow through the branches reduces pressure on the trunk and the tree is less likely to come down during a hurricane.

After the storm passes you emerge to find it is your neighbors tree that has fallen on your house.   It is the tree you have been worried about for years and have asked them 3 times nicely to please trim.   Who is responsible for damage to your home from your neighbor’s tree?.. Your insurance company is.

It does not matter where the tree or debris originated from it is all about where it lands. If your tree fell and crushed your neighbor’s house it would be their problem, unfortunately their tree fell on your house and it is now your problem.

Because during hurricanes and tornados even healthy trees fall, it is a very difficult fight to prove that it was the fault of your neighbor.  Case law set precedence many years ago.  It goes directly to the property line.

Each homeowner is responsible for whatever debris lands on or withing their property lines. If a tree falls across multiple properties each homeowner can cut the debris at the line and leave the balance of the tree or root untouched.   This gets more complicated when you have a giant root ball right on the property line, this must be worked out with each other but most likely in that case, it would be removed by the person who has the rest of the tree in their yard.

A homeowner’s insurance claim a claim would be filed under your policy. Only in cases where there is multiple documented certified letters from one neighbor to the other is there any chance of subrogation against the neighbor’s insurance to get your deductible back.  After such a large windstorm that is very rare.

Take pictures, remove the tree right away, tarp any holes in your roof, make temporary repairs and wait for your adjuster. The insurance adjuster does not need to come out before the tree is removed, take pictures and protect your property from further damage.