In most states, if your tree or any part of it falls on your neighbors’ property and causes damage to their property through no fault of your own (due to a snowstorm, winds, hurricane, or other so-called “act of God”), you are not responsible. Your neighbors will have to file a claim with their own property insurer if they want to be reimbursed for their loss.
This will likely come as a surprise to your neighbors and can be the cause of damaged relationships! But the key distinction to remember is that you were not actually at fault.
If, however, the tree that you own, or a branch from it, fell as a result of your negligence (for example, an overhanging branch had been dead for years and your neighbors had been complaining about it for nearly as long, but you neglected to have it cut down), you are legally liable.
By law, you have the right to trim branches and limbs that extend past the property line. However, the law only allows tree trimming and tree cutting up to the property line. You may not go onto the neighbor’s property or destroy the tree.
Resolving issues with neighbors and trees requires a delicate touch. A lawyer can review the facts and provide information tailored for your specific circumstances and local laws. Before taking action into your own hands, you may want to reach out to an experienced real estate attorney.
If you need tree service help or legal advice, contact one of our preferred vendors:
Real Estate Attorney
- Randall Segrest | (601) 956-2615
- Roger McGehee, Jr. | (601) 982 1000
- Renfroe & Perilloux, PLLC | (601) 932 1011
- Elliott Law Firm | (601) 591 2713
Tree Service Vendors
- Tri County Tree Service | 601-940-5499
- Kees Trees, LLC | 601-874-2671
References:
FindLaws team (November 5, 2019). Conflicts Involving Trees and Neighbors FAQ. Retrieved from: https://www.findlaw.com/realestate/neighbors/conflicts-involving-trees-and-neighbors.html
Mannis, J (2021). NOLO Legal Topics. Retrieved from: https://www.nolo.com/legal-encyclopedia/my-tree-fell-neighbors-garage-who-pays.html