Tree Falling onto Your House

Laws on Trees Falling onto Your House

Sometimes full grown trees can actually pose grave danger to people and their property.  Generally, if a homeowner has a grown tree in his or her property that could pose a danger to his neighbor’s house, the tree owner is obligated to take immediate action to diffuse and prevent the possibility of a tree falling onto your house.  If accidents happen and there is neglect or failure in doing the corrective action, the tree owner could be held liable for the damage to his neighbor’s house, much as to injuries that could arise from the accident.

Additionally, insurance companies decline claims that are related to these situations.

The factors to consider

In the U.S. states typically do not create statutes regulating tree planting and tree management on residential properties.  To know more about state laws regarding falling trees onto a neighbor’s house, one needs to consult the case laws.

Falling tree case laws are court decrees that are pronounced or adjudicated considering the following factors;

1. If the tree was planted by someone or occurred naturally
2. If the neighbor was given enough notice or warning on the possibility or foreseen incident.
3. If whether the tree was already in poor condition that it gave the neighbor some notice to a potential for injury  

The case of healthy trees 

If a perfectly healthy tree falls onto his neighbor’s house, this is considered as an act of nature.  Therefore, the tree owner will not be held liable for the damage the tree did to the neighbor’s house.  However, the homeowner’s insurance of the neighbor should be able to cover the damage caused by the fallen tree.

Basically, since the tree is healthy, the incident could be considered unforeseen.  The owner of the tree cannot be regarded as negligent for not removing the tree from his property in this case.  

The case for Unhealthy Trees 

Rules change if the tree owner is aware that the tree may cause damage to the neighbor’s house if it were to fall.  The owner would be negligent for not removing the threat of damage to the neighbor’s property under the right circumstances.

The neighbor on the other hand needs to be able to prove the tree owner’s negligence, to recover financially.   The neighbor has to show the court that the owner had a duty to remove the tree.  Moreover, that the tree owner breached that duty.  And lastly, that the breach of that duty caused harm to the neighbor’s house and the neighbor suffered monetary damages resulting from the incident.  

How to Protect Your House 

There are some steps to protect your property if you believe that your neighbor’s tree can fall onto your house.

1. Get a certified arborist or urban forester to inspect the tree.
2. Talk to your neighbor if the expert finds the tree is a threat to your property. Give him sufficient warning of the danger.
3. Furnish a written copy of the expert’s findings to the tree owner. This will serve as sufficient notice on the tree owner’s liability on the damage it will cost of the tree falling onto your house.