My Tree Fell on a Neighbor's Garage: Who Pays?

If you are a homeowner with trees around your property, you might find that, along with bringing beauty, shade, and perhaps even fruits or flowers, they can bring hassles. For instance, who is responsible when your tree, or a branch from your tree, falls on your neighbor's garage, fence, or shed and causes serious damage?

Trees that might have started out small and manageable have a natural tendency to grow and mature so that, in time, branches might overhang a property line. If the tree, or some of its branches, falls, the result could be severe damage to a house, a car, a boat, or other valuable property. When that happens a few important facts and legal principles govern who's liable to cover the resulting costs. As we'll discuss in this article, the key concerns are:

• who owns the tree
• whether the owner was negligent in caring for the tree, and
• whether your homeowners' insurance policy will cover the damage.

Whose Tree Is It?

Before you can determine who is liable for damage caused by a falling tree or branch, you need to know who actually owns the tree. Here's the basic legal analysis:

• If the trunk of the tree is on your property, you own it, no matter how much of the canopy overhangs the property line.
• If the trunk of the tree on your neighbors' property, they own it; again, no matter how much of the canopy overhangs your property.
• If the trunk of the tree is directly on the property line (a "boundary tree"), both you and your neighbors jointly own and are responsible for it.

(See these articles on Neighbors and Trees for more on this.)

Who Is Responsible for Fallen Tree Damage?

In most American states, if your tree or any part of it falls on your neighbors' property and causes damage through no fault of your own (due perhaps to a snow storm, winds, hurricane, or other so-called "act of God"), you are not responsible. Your neighbors might call you up in shock and demand payment, but the legal truth of the matter is that you owe them nothing. They will have to file a claim with their own property insurer if they want to be reimbursed for their loss.

This will likely come as a surprise to your neighbors. But the key distinction to remember is that you were not actually at fault. This legal construct provides a simple way for insurance companies to decide who is going to pay.

If, by contrast, the tree that you own, or a branch from it, fell as a result of your negligence, you are legally liable. For example, that principle would apply if an overhanging branch had been dead for years and your neighbors had been complaining about it but you neglected to have it cut down, or if you failed to water the tree and it died and fell over, or something similar.

Will Your Insurance Cover the Damage Costs If You Are Liable?

If you are, in fact, liable for the damage caused by your tree having fallen or dropped material onto your neighbors' property, your neighbors could simply ask you for compensation. You could choose to pay, so as to avoid further hassle and expense. Or, your neighbors could bring an action against you in small claims or county court seeking reimbursement. There, the judge might examine the facts of the case, determine that you were negligent, and order you to pay.

The good news is that the money might not have to come from your own pocket. Check into whether your homeowners' insurance policy covers any of the amount that your neighbors are owed or awarded. Some policies will acknowledge coverage for claims only if no negligence was involved; others will cover claims regardless of whether the policyholder has been negligent. Some policies cover only certain kinds of damage (damage to physical structures, for example, but not to the land around it).

Read your policy carefully, then check with your agent. Also, if you want to avoid likely cost increases in your homeowners' insurance policy premiums, consider simply bearing the cost, or a part of it, particularly if the damage is minimal. If, for example, the tree merely took out a small section of a plastic fence easily repaired with replacement parts from a "big box" store, paying for new fencing could be your fastest, most affordable way to put this event behind you.

What to Do Next

Angry disputes between neighbors about falling trees or branches are common and often unnecessary. Getting everyone on the same page about what the law actually says can be key to avoiding this turning into a feud. Check the applicable law in your municipality first, then share your findings with your neighbors. A cooperative approach to the question of damages could save everyone unnecessary time and expense. See, for example, these articles about mediating neighbor disputes.

If your discussions don't yield a satisfactory conclusion, a more serious option (if you're the one seeking payment for damages) is to take the matter to small claims court. (See these relevant articles.) You don't need a lawyer for this.

If all else fails, and big dollars are at stake, that might be the time to hire an attorney with experience in residential real estate and neighbor law.