Neighbor's Tree Fell in My Yard. I Have No Property Insurance

: Richard Montgomery on Oct 8, 2024

Dear Monty: My neighbor behind me has a dead tree that fell into our yard. There is another part of the tree that looks dead and can potentially fall into our yard. My house is paid off, and it doesn't look like there is damage. Just need the tree removed. Are they liable for removing the tree if I don't have property insurance?

Monty's Answer: Here are the key issues:

1. Tree Ownership and Responsibility: The owner of the property where a tree's trunk is located is responsible for maintaining that tree. They must care for the tree and address any hazards it may pose.

2. Fallen Branches and Debris: When branches or parts of a tree fall into your yard, you have the right to remove them.

3. Potential Hazards: If part of the tree appears dead and at risk of falling, your neighbor may be liable for damages if they were aware (or should have been aware) of the hazard and didn't address it.

4. Communication with Your Neighbor: Talk with your neighbor about the situation. Explain your concerns about the fallen tree parts. A friendly conversation could lead to a cooperative solution.

5. Document the Situation: Take photos of the fallen tree parts in your yard and the remaining dead section. Keep records of any communications with your neighbor about the issue.

6. Professional Assessment: An arborist's expert opinion can help determine if the tree poses an immediate danger. Sharing it with your neighbors may motivate them to act.

7. Local Ordinances: Some municipalities have specific rules about dead or hazardous trees, which could support your case for having the tree removed.

8. Insurance Considerations: While you mentioned not having property insurance, homeowners' insurance covers damage caused by falling trees or branches. This coverage gap leaves you more financially vulnerable in case of damage.

9. Liability Without Insurance: You could be personally liable for any damage to your home or injuries on your property caused by the falling tree. If you are very wealthy, you can likely self-insure. You could lose a lot of money by not being insured if you are not rich. A serious tier-three injury on your property resulting in long-term disability or significant physical impairment could be $500,000 to $1,000,000 or more.

10. Legal Options: Consider legal action if your neighbor refuses to address the hazard. Small claims court or mediation services could resolve the dispute without incurring significant legal fees.

11. Self-Help Remedies: You may have the right to trim parts of a neighbor's tree that extend onto your property, as long as you don't harm the tree's health. However, always get permission.

12. Cost Considerations: If your neighbor is unwilling or unable to pay for removal, consider offering to split the cost to resolve the issue quickly and maintain a good relationship.

13. Long-Term Solutions: Once the immediate hazard is addressed, consider discussing future landscaping plans with your neighbor to prevent similar issues.

While the tree's owner is generally responsible for its maintenance and removal, your safety and property protection are paramount. Maintaining a positive relationship with your neighbor is also valuable. If all else fails, you could weigh the cost of removing the tree yourself against the potential risks and future legal options.

Richard Montgomery is a syndicated columnist, published author, retired real estate executive, serial entrepreneur and the founder of DearMonty.com and PropBox, Inc. He provides consumers with options to real estate issues. Follow him on Twitter (X) @dearmonty or DearMonty.com.

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