My Tree Fell on a Neighbor’s Property – Who Pays for Damages?

Tree ownership is determined by where the trunk of the tree is, not the overhang. If the trunk is on your property, you own it. If the trunk is directly on the property line, you share ownership. But who owns the tree does not always determine who pays for damages. What can sometimes determine who pays is what caused the damage. If you have no control over the cause (storms, hurricane, etc.) you do not pay for damages, the person with the damaged property does.

Here is where maintenance comes into play. If you have large old trees on your property and you don’t have someone clear the trees and the tree falls due to rot or lack of maintenance, under normal weather conditions (i.e. sunny day, no breeze) one breaks off and damages your neighbor’s roof, you are liable. Some policies will cover negligence, others won’t, so you need to make sure you discuss this angle with your broker – especially if you have old trees on your property.  You should also know your deductible because it might be less expensive to pay for the damage than to file a claim.