Homeowners insurance & tree damage. What happens when my tree damages my neighbor’s property?

A storm comes through. Branches fall. Sometimes they land on homes, fences, and other property causing damage. When the branch or tree falls from one person’s property to another, how is that handled with insurance? The answer is “it depends.”

1. It’s pretty simple when it is your tree and your property (home, fence, etc). When a branch or tree from your own property causes damage because of a covered loss like a windstorm, your insurance company is typically responsible for taking care of damages. They will typically pay for your fence or building repairs as well as likely the removal of tree debris. Note though that often the tree must be a healthy tree. You are responsible for to upkeep of your property which includes proactively addressing any unhealthy or dead trees.
2. What about when it crosses property lines? When your tree or branch damages another person’s property, the answer is it depends.
   1. If the incident is due to your neglect, then you are likely responsible. This includes things like if you knew that the tree was diseased, dying, or unstable. In this instance, this applies even if it fell due to a covered cause, such as a storm.
   2. If the incident is due to your mistake when trying to cut the tree or the branch, then you are likely responsible. If you are at fault due to neglect or a mistake, then your homeowner’s policy will likely cover you up to the limits set in your homeowner’s policy. In most cases, you will be responsible for any damages above and beyond your coverage limits.
   3. What if your tree or branch fell into your neighbor’s property due to things like a winter storm or wind storm and caused damage? In this instance, your neighbor’s policy typically will take over.
   4. If your neighbor does decide to sue you for relevant expenses, and your insurance company does an investigation and determines you are not at fault, your insurance company will typically defend you.

Remember, other structures, coverage (which typically cover things like separate garages, fences, etc,) comes with a limit, which is the maximum your policy will pay you after a covered loss.

We know this can get confusing. It’s often best to reach out to your agent, describe your particular situation, and get feedback on how your policy will respond. If you would like to learn more about this, or just homeowners insurance in general, feel free to reach out to us at (603) 273-0953, or visit our website at keslarinsurance.com.