If a tree on my property falls on my neighbors house am I responsible?

[Reasonable Doubt]

If a tree on my property falls on my neighbors house am I responsible?

I'm thinking if I should cut a tree that's leaning toward neighbors house.

If I would be responsible I guess that I should cut it down.

 

[Darwin333]

Pretty sure you would be responsible.

 

[Humpy]

You're responsible now because you made this thread admitting that you believe there is a problem with the tree.

If you wouldn't have said anything the damage would be by an act of god instead of negligence.

 

[GagHalfrunt]

Pretty sure you would be responsible.

Depends

If a healthy tree falls over due to storm, flood, fire, accident etc its usually not the responsibility of the owner. Chalked up as an act of nature and the victims insurance would cover it.

If the tree was dead, dying, diseased, leaning to a dangerous degree or being cut down by the owner without professional help then its negligence and the responsibility of the owner.

 

[boomerang]

Depends

If a healthy tree falls over due to storm, flood, fire, accident etc its usually not the responsibility of the owner. Chalked up as an act of nature and the victims insurance would cover it.

If the tree was dead, dying, diseased, leaning to a dangerous degree or being cut down by the owner without professional help then its negligence and the responsibility of the owner.

The pisser is that many trees can appear to be healthy yet the trunk can be rotted out to a huge degree. Then it could turn into a bigger mess to straighten out. Accusations that the homeowner was aware that the tree was rotted and ignored the problem, etc.

To the OP, I would look at it this way. How much will it cost to take the tree down versus how much it would cost to get out from under the mess that tree falling on your neighbors house could potentially cause. And that is far from an exact science. Will the house be uninhabitable while the repairs are being made, etc. What is your deductible, how much is your insurance going to increase, how many years will that effect your rates are all things to take into consideration. There is no right answer only the one that you are comfortable with.

I would have it cut down. I had many cut down at our previous residence that could potentially fall on our house. We were on some acreage so no neighbors to be concerned with.

 

[s0me0nesmind1]

Cutting a tree down usually isn't too bad, it's getting the roots out that is a bitch. Hence why a lot of times people leave the trunk.

 

[RLGL]

Check with your insurance agent

 

[boomerang]

Check with your insurance agent

I disagree. While this would seem to be basic common sense, I wouldn't trust the insurance company to "do the right thing". If they said leave it and it later fell, it wouldn't surprise me in the slightest if they said no go, you as much as told us the tree was a problem tree.

There is absolutely zero reason to have any faith or trust in an insurance company. They are in the business of making money not doling it out. My advice is to not tip them off.

 

[MtnMan]

If you know it is dangerous (rotten, diseased, dying) then maybe, but healthy but leaning, nope.

Neighbors tree fell on my house earlier this year, and just like the tree, it is on me and my insurance to repair the damage. It also took out a fence between our lots, but it was there fence, so that is all they had to fix.

 

[Paratus]

If a tree on my property falls on my neighbors house am I responsible?

I'm thinking if I should cut a tree that's leaning toward neighbors house.

If I would be responsible I guess that I should cut it down.

Yes you are responsible. Especially if the tree you cut down is on their property and it falls on their property and crushes their fence.

BTW do you live next to my folks?

 

[Dereco2000]

If a tree on my property falls on my neighbors house am I responsible?

I'm thinking if I should cut a tree that's leaning toward neighbors house.

If I would be responsible I guess that I should cut it down.

NO! The only way you would be responsible is if you had been warned in writing beforehand by the neighbor or it could be proven that you had knowledge that it might fall, such as your having posted this question here...oops.
Otherwise it ends up being paid out by the homeowners insurance that a tree fell upon. At least this is true for the 50 states in the US, anyways.

 

[Dereco2000]

You're responsible now because you made this thread admitting that you believe there is a problem with the tree.

If you wouldn't have said anything the damage would be by an act of god instead of negligence.

YEP!

 

[Muse]

A little OT here:

My neighbor is an apartment building inhabited lot and they have a few trees that are right at the property edge. A cyclone fence separates our lots and their trees overhang my lot a ton and at least one of the trees reaches my house roof and touches the house wall. To me it's a serious problem. I'm not thinking they may fall on my house right now. One problem is that the trees shed constantly. Between my house and the fence is my driveway, where I keep my car. I have to hose off my car most times I use it before leaving the house. Also, I'm concerned about the tree litter clogging my roof gutters. I've been thinking of calling some tree trimming outfits and getting some estimates. I presume that my only option is to cut whatever actually hangs over the property line, unless I can get the landlord to remove the trees. I've never encountered the owner of the property, have no idea who it is. I'm pretty sure they live elsewhere. I've cut some of the overhanging branches, but the really high stuff (some 30 feet) is beyond me! My telephone wires go through the trees' branches. I'm a little nervous to cut branches that might screw up the phone/DSL service. I called my ISP (who provide my DSL and phone service through AT&T's lines) and they tell me that AT&T won't alter the phone lines just because they go through those trees.

 

[Muse]

NO! The only way you would be responsible is if you had been warned in writing beforehand by the neighbor or it could be proven that you had knowledge that it might fall, such as your having posted this question here...oops.
Otherwise it ends up being paid out by the homeowners insurance that a tree fell upon. At least this is true for the 50 states in the US, anyways.

Just because the OP thinks it looks like it might be a concern doesn't make him liable, IMO. Presumably he's no expert. How much does it have to lean to mean it's obviously problematical? There's no definitive answer to that.

 

[Dereco2000]

It took care of the one I was concerned over, I sent a certified letter, she ignored the info, it was obvious it was half dead and even more obvious where it would land if it fell. And it did, and there was no question of the liability, except for the fact that her insurance was of no use to her in the matter, said she was blatantly ignoring the obvious and should have contacted someone or even her own insurance company after receiving the certified letter and she choose to ignore the situation.

 

[Dereco2000]

The definitive answer is that the owner of the tree is considered faultless unless they had been warned beforehand, otherwise it's considered an act of god. This same nutcase also had to pay to re-landscape my property and damaged fencing after planting bamboo and being warned if it was invasive (it is) she would be responsible for maintaining it and retaining it to her property.

 

[Kaido]

I'm thinking if I should cut a tree that's leaning toward neighbors house.

I will warn you:

1. Check with your neighbor before cutting it down
2. Hire a licensed professional tree-cutting service to do it

My friend paid a professional to have a dead tree cut down. His neighbor sued him for cutting it down. iirc it overhung his neighbor's property and provided shade or something. Apparently there was some bylaw or somesuch in their town about that (it wasn't a boundary tree though). Fortunately the tree-cutter had insurance. Dumbest thing I've ever heard, but hey, America!

 

[Muse]

quotation follows...

The definitive answer is that the owner of the tree is considered faultless unless they had been warned beforehand, otherwise it's considered an act of god. This same nutcase also had to pay to re-landscape my property and damaged fencing after planting bamboo and being warned if it was invasive (it is) she would be responsible for maintaining it and retaining it to her property.
= = = =

Funny thing is I had this conversation with my neighbor a couple years ago. He and his wife used to live in that house but for something like 20 years now they have rented it out to yuppies who share the house on a revolving door basis (which is the way my house used to be before I bought it). So, in our over the fence conversation we happened upon the subject of the invasive bamboo which grows tall and stout if not cut back or hacked out. For many years I have hacked out what grew on my side of the fence. The neighbor, once every 3 years or so would hack down the tall stuff, AFAIK, never cutting out any of the root structure. My recollection is that it always came from his side. His wife, who AFAIK had never been there or conversed with me suddenly remarks that the bamboo was from our side originally, not theirs. I very much doubt that, probably said so at the time. I think it was just her ego talking there. I suppose it will never be established. I do have a use for the tall bamboo when it is cut down in that I use it to stake my vegetables. Getting that stuff out once and for all would be a tough proposition and neither of us appears willing to try and in any case would only succeed with a concerted effort.