Who Pays When A Neighbor’s Tree Damages Your Property: Block Talk

Tree problems can strain neighbor relations, but can also foster neighborly collaboration to prevent and repair damage, according to an informal survey for Block Talk, Patch’s exclusive neighborhood etiquette column.

Neighbors whose poorly maintained trees fall on your house or car generally aren’t held liable for the damage. We asked readers if they think they have any ethical obligations, and if it’s OK to ask them to share the cost of the insurance deductible.

“Let your insurance take care of it, and if the other neighbor offers their insurance information, take it and be grateful,” said Woodbury (Minnesota) Patch reader Junie. “Let a third party do the work of negotiations and keep whatever relationship you have with your neighbor intact.”

Gardener, a Fairfield (Connecticut) Patch reader, thinks a “good and considerate neighbor” will offer to share in the cost of damage from their tree.

“It is, after all, on their own property, and while an act of nature, it should not absolve them for the responsibility for the damage caused,” Gardner said.

In a perfect world, that might happen. It didn’t in Gardener’s world, but a pre-emptive strike prevented what could have been a catastrophe.

“We sent a letter to our neighbors about one of their trees that was damaging our landscape plantings and killing them because it was falling into our evergreens,” Gardener said. “In that letter, we asked permission to have our tree service cut their tree down. The neighbor did give us permission to do so, but did not make any attempt to take responsibility and share in the cost of removal. So it goes.”

Other readers said that even if their neighbors aren’t legally responsible for the damages, they should offer to pay some costs out of a sense of fair play.

“If they don’t take care of their trees and let them fall, they should take responsibility for paying for the damage, period,” said Sharon, who reads Westhampton-Hampton Bays (New York) Patch. “They should not make their problem my problem.”

“I think you can ask them, but if they prefer, they won’t help you out,” said J, a Stamford (Connecticut) Patch reader who has been engaged in an ongoing conflict with a neighbor who won’t attend to trees endangering J’s house.

“Ask nicely,” J said, “but be prepared to pay to fix damage from their bad trees.”

Time To Change The Law?

STG, a Tampa (Florida) Patch reader, thinks tort laws, negligence principles and insurance rules are due for an upheaval.

“Property owners who don’t maintain their trees should, by law, have the obligation to pay for the damage,” STG said. “The victim is responsible for damages that they may not be able to afford because their neighbor is unkempt!”

STG, whose insurance deductible was higher than the damages, was stuck with the entire bill when a neighbor’s tree caused damage.

Despite letters from the homeowner association telling an offending neighbor to maintain their trees, “they will not,” STG said. “Another tree is about to fall, and it will again hit my home. Code enforcement says, ‘You fix it.’ It is not right.”

Ann Arundel (Maryland) Patch reader Carol didn’t say anything when a neighbor’s 100-foot pine tree fell over her fence, damaging it and also two smaller trees in Carol’s yard.

“I am considering sending them a certified letter letting them know the condition of their evergreens (all declining or dying) and that I expect them to take them down or be financially responsible if that happens again,” Carol said.

“Good neighbors should assume some level of responsibility — whether it’s contributing to the resulting expenses or assisting with clean-up efforts,” said Abingdon (Pennsylvania) Patch reader Chris. “My not-so-good neighbor surveyed his huge fallen tree and loudly proclaimed how fortunate he was that his tree fell on my property. There was no offer to help.”

Guilford (Connecticut) Patch reader Steve had a similar experience after a storm last July.

“The neighbors’ huge, old tree fell across the road onto our property, destroying years’ worth of our garden and taking out the power line,” Steve said. “It cost us $2,200 out of pocket for just the cleanup, not including the many plants this tree destroyed.”

The neighbors were on vacation, but six months later, “they have yet to make an attempt to even talk to us a bout the loss, expense and trauma,” Steve said.

Take Action Before Damage Occurs

The best thing to do is try to resolve the situation before the dying tree causes damage, several readers said.

“Talk with the neighbor first,” said Manchester (New Jersey) Patch reader Jeffdanger. “If there’s no headway, photograph the tree and send a certified, return-receipt request to remove the potentially damaged portion. This way, you have proof of a dead or dying tree and the direction it may fall, leaving you a good basis for a lawsuit.”

A Pottstown (Pennsylvania) Patch reader who owns a tree company agreed that talking with neighbors about their trees is a crucial first step. “And if they don’t want to hear it, have a certified arborist come out to provide their opinion on the health of the tree,” the reader said.

Woodstock-Towne Lake (Georgia) Patch reader Jason, an insurance adjuster who has handled these types of claims in litigation, emphasized the importance of documenting conversations and agreements between neighbors.

“Property owners have a responsibility to maintain their property, but not all defects are evident. Neighbors also have a responsibility to mitigate their own damages,” Jason said. “If a homeowner has a concern about a neighbor’s tree damaging their own property, providing notice to the potential responsible party is germane in developing liability. But sometimes things just happen and are outside of control. Communication is imperative.”

Beth, an Alameda (California) Patch reader, agreed that when trees are along a property line, it’s best to collaborate on maintenance and, if it comes to it, removal costs.

“Trees provide incredible natural services and support wildlife. A ‘messy’ tree is not a reason to remove or over-prune,” Beth said. “Don’t buy a house and then decide to demand action on neighbors’ trees.”

Beth knows from experience.

“A neighbor cut a whole line of trees down across the back of her property, which changed the entire wind corridor. It resulted in seven trees falling onto our property and that of another neighbor. That neighbor collaborated with us on removal costs and replacement of fencing. We each had to pay for our own building damage repairs. The causative neighbor did nothing to help.”

Being Nice Doesn’t Always Work

Leslie, a Great Neck (New York) Patch reader, tried the cordial route.

“There are huge limbs from a tulip tree on the neighbor’s property which hang over my house, and two have fallen over the last few years and did a lot of damage to the roof and gutters,” Leslie said. “I tried to get permission to have the limbs over my house removed after two incidents, which cost me a fortune. I was not asking for money. They have refused.”

AB, a Buford (Georgia) Patch reader, practically has the subpoena ready.

“There’s a tree near my house that I’m considering sending the neighbor a letter and getting ready to sue if it falls on my house and damages my plumbing,” AB said. “I’ll ask about it nicely, and if they don’t do anything about it, then I’ll file a lawsuit.”

Mending Fences

Many readers also shared stories of working with their neighbors on cleanup projects that strengthened their relationships.

San Diego Patch reader HJ’s tree was encroaching on a neighbor’s yard. It did no damage, but still, he complained.

“We agreed to have my gardener enter his yard at every visit and keep growth limited to the border line,” HJ said. “He is happy, and I don’t see any change on my side. The tree is still alive.”

“My tree damaged my neighbor’s fence. I immediately went over to tell him, and since we were ‘good neighbors,’ I cleared the area and repaired his fence. My insurance company sent me a check,” Fredericksburg (Virginia) Patch reader Al said, adding, “Talk to one another — fences and dialogue make good neighbors!”

“I spoke to the neighbor after his dead tree fell and took out about 20 feet of my fence,” Apple Valley-Rosemount (Minnesota) Patch reader Nelly said. “We worked together to repair the fence. He purchased the materials, and I assisted in the repair.”

When a neighbor’s dead tree fell onto her fence during a windstorm, Peabody (Massachusetts) Patch reader Janet and her neighbor each saved about $2,000 by working it out themselves rather than filing a homeowner’s insurance claim. Both have high deductibles on their policies.

Janet said her partner had installed the fence and was fully capable of making the repairs. The neighbor bought the materials for the fence and hired a tree company.

“Communicating clearly with what each other needed and expected, offering to help — both ways — and hanging out fixing the fence and tree, we all became good friends,” Janet said.

In another situation involving different neighbors, tensions arose.

“It was all due to communication, or lack of willingness to work with us,” Janet said. “I sound like a broken record, but communicate, communicate, communicate! Also make sure your communication is neutral to friendly. Approaching the subject with aggression will only be returned with aggression.”

About Block Talk

Block Talk is a regular Patch feature offering real-world advice from readers on how to resolve everyday neighborhood problems. If you have a neighborhood etiquette question or problem you'd like for us to consider, email beth.dalbey@patch.com, with Block Talk as the subject line.

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