A Tree Falls in Your Yard: What Now?
How Do You Deal With a Fallen Tree?
We love the trees that line our neighborhood streets and stand tall in our yards, but when one of them falls over, it may have to be dealt with differently depending on where it lands. Part of your tree management strategy should include keeping an eye on the condition of trees in your yard, as well as those in your neighbors’ yards that are tall enough to reach your property, in anticipation that the winds of fate may blow in your direction. In this article, we’ll discuss how to minimize and deal with the damage, disruption, and potential conflict that may arise from a fallen tree in a neighborhood setting.
Monitoring a Tree’s Condition
One of the best ways to reduce the potential damage from a fallen tree is to regularly monitor its condition. Mature trees are big and heavy, but when they’re weak, they can become a hazard in storms. A tree may lose branches or even fall over in a storm, posing a safety threat to people and property alike.
However, when you keep an eye on the tree for signs of failure, like branches with dead leaves surrounded by healthy ones or trees with overgrown branches that haven’t been trimmed in years, you can take preventative measures to reduce the chances of damage to, and from, a tree. One of the best ways to do this is to have a certified arborist inspect and prune your tree(s) every year or two, since a healthy tree is better able to withstand stress and is much less likely to be damaged in storms or from disease.
Stay in Communication With Your Neighbors About Proximate Trees
When it comes to taking care of your own trees, you’re in charge of making those decisions. However, trees on adjacent properties can also become a potential danger if they’re particularly big, poorly maintained, or weak from age or disease. If you notice your neighbor’s trees that are close to your property line look like they could pose a threat, it can be challenging to know how to approach the topic. As a friendly neighbor, no one wants to cause disputes, but if it’s a matter of safety and property, you can be delicate in your approach before being firm.
If you have a good relationship with your neighbor, you might want to talk to them first, and they may take care of the tree before any problems arise. However, when it comes to insurance companies, they will want to see proof of communication in the case of damages. If a neighbor is unwilling to cooperate, you may have to take action to protect yourself in the case of tree failure and provide proof that you communicated the situation with them. This is best done by sending a certified letter to your neighbor, which requires a signature upon receipt by the addressee.
In this letter, you’ll have to be very clear about your concerns over the condition of the neighbor’s tree, the potential threat to your property’s integrity, as well as the fact that copies of the letter will be kept by you and sent to your own lawyer and/or insurance company. In the event of an insurance claim over damage from a neighbor’s tree that falls in your yard, having sent this letter will be the proof you need to show that you tried to prevent any potential damages before they occurred.
Who to Call When a Tree Falls in Your Yard
If a tree falls in your own yard, whether your own tree or a neighbor’s, your first step should be to contact your home insurance provider. Most home insurance plans have tree damage coverage, which usually includes removal of the tree and any repairs that may need to be done from damage to your home, car, or other property. A standard deductible may be the only required contribution by you as the property owner.
Your insurance provider may ask you to contact an arborist yourself, or they may have select service providers they partner with in your area. It’s important to work with certified professionals for tree removal since it’s an issue they are trained to deal with regularly; don’t try to remove any of the fallen tree yourself! Take photos and wait for instructions from your insurance provider, and trust the professionals to do the job the right way. Depending on the damages, you may also need to contact a contractor to assess building issues. If you have an accountant, the tax professional may be able to file your expenses as a catastrophic loss if the damages are severe enough.
What Do I Do if My Neighbor's Tree Falls in My Yard?
If your neighbor’s tree falls in your yard, they may or may not be liable for supporting the cleanup costs and any potential damages caused by the tree. Even when a tree is planted very close to a property line, damages to the adjacent property usually fall under the responsibility of the property owner who experienced the damages (in this case, you). Friendly neighbors may be able to share the costs for cleanup, but if there is no damage to property, it may be up to you to cover the cleanup costs by hiring a professional tree service.
The exception to this is when the tree owner was given due notice of your concerns about potential damage, proven by a copy of the certified letter mentioned earlier. If the tree that fell was not healthy, it may fall under nuisance laws that govern damages to property that prevent normal use and enjoyment, including damage from neglected trees. A fallen tree can cause harm to houses, cars, and individuals, or it can block pathways or driveways that obstruct the inhabitant’s normal flow of life. With due notice given before damage occurred, your neighbor’s insurance may be held accountable to cover harm to your property, or your own insurance company may cover the costs without the claim affecting your policy’s rate.
If My Tree Falls Into My Neighbor's Yard, Who Is Responsible?
If your own tree falls onto your neighbor’s yard, the role described above would be reversed. The liability may fall on the property owner (your neighbor), but if they alerted you of their concerns about potential damage, you or your insurance company may be on the hook for repair and/or removal costs if damage occurs. The best way to avoid this is to be sure your own trees are in the healthiest condition through regular, proper maintenance.
Maintaining Neighborhood Trees
Living in an urban or suburban community has lots of advantages, but living in close proximity to other people can have potential conflicts. Maintaining your trees over their full lifetimes is one of those property management responsibilities that must be taken seriously so that benefits are maximized while potentially negative events can be minimized and dealt with fairly.
To learn more about the maintenance needs of our neighborhood trees, sign up for our newsletter! Get involved with community canopy care by volunteering with us and shop our tree sale’s selection of local species to increase the number of trees around Nashville!