If your tree falls on your neighbor’s house… who is responsible?

tree encroachment

There are so many things to think about when considering a property to buy. For example, I recently showed the property with the deck in the above photo. I took the photo because the tree was on the property we were looking at, but one of its big branches was encroaching on the neighbor’s property, extending over about half of that roof. After pointing it out, I posed the question…

If the branch/tree falls on the neighbor’s house, who is responsible?

I contacted an insurance broker I work with, sent her the photo above, and posed the question to her. What I understood her to say was…

  • If it is caused by an act of nature such as a storm, the neighbor’s insurance would cover the damage to their house
  • However, if the tree were decayed and the branch/tree fell on the neighbor’s house through negligence on the part of the owner of the tree there could be a dispute

Bottom line is, pay attention to the trees not only on the property you are buying but also on neighboring property.

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I love what I do! Highly insightful, analytical and creative, there is nothing I love more than helping you find the right solution for your real estate transition. My mission is to serve my clients with honesty and integrity, exceeding their expectations in service and support… and to help others by donating a portion of every transaction to Habitat for Humanity.

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