A Heated Debate 
Year after year, conflicts occur between neighbors over who is held liable for tree fall damage and removal. Properties surrounded by green trees are aesthetically and environmentally pleasing, but they can also cause some serious damage. As with most scenarios in insurance, there is no simple, straightforward answer. In order to draw some definitive boundaries, Massachusetts Supreme Judicial Court made a decision regarding tree law after a lawsuit was filed by a neighbor seeking rewards for damage caused by a neighbor’s tree fall.
Who is responsible to report a home insurance or commercial property insurance claim?
So, who is responsible when a tree from another property falls onto the neighbor’s property? It depends. Under Fallen Tree Law, if the tree was healthy, then the neighbor is not held accountable for damages and removal. The landowner whose property the tree fell onto is responsible to report a home insurance or commercial property insurance claim. As long as the tree was healthy, then the property that incurred the loss will file a claim. Additionally, neighbors with encroaching trees are not responsible for damages caused by these trees that fall over due to natural causes. The neighbor is only liable if their tree was decayed or diseased.
Insurance claims scenarios:
#1.) My tree fell on my neighbor’s home or other structure:
In this case, as long as the tree was healthy, your neighbor is liable for the damages and removal of the debris.
#2.) My tree fell on my neighbor’s lawn:
The same rule as #1 applies.
#3.) My neighbor’s tree fell on my home:
If the tree was healthy, it is your responsibility to pay for repairs and removal.
#4.) My neighbor’s tree fell on my lawn:
If the tree was healthy, it is your responsibility to pay for the tree’s removal. Although, most insurance carriers require an added endorsement to pay for tree and debris removal from a property if there’s no damage to a structure i.e.: the property itself, a fence, stonewall, pool, shed, garage, outbuilding, deck etc…There is typically a $500 deductible for debris removal and a set limit for the amount of coverage provided.
#5.) Part of my neighbor’s tree fell onto my property:
Again, as long as the tree was healthy, you are held liable. But in this scenario, if the tree roots or stems hinder one’s property in any way, you are entitled to take action and cut off the trees roots and stems even though they’re located on a neighbor’s land.
#6.) My neighbor deliberately injured my tree to cause decay or disease:
Intentional injury to trees can result in costly fines or even imprisonment for theft or property damage. Landowner’s are entitled to trim back tree branches that are encroaching onto their property, but deliberately destroying a tree is an illegal act.
#7.) Tree fell on my car
Whether it was a tree from your own property or a neighbors (as long as the tree was healthy), then you are responsible and would file the claim with your auto insurance company.
Does insurance cover costs if a tree fell and landed on your lawn?
As mentioned in scenario #4, most insurance carriers require an added endorsement to pay for tree and debris removal from a property if there’s no damage to a structure i.e.: the property itself, a fence, stonewall, pool, shed, garage, outbuilding, deck etc…There is typically a $500 deductible for debris removal and a set limit for the amount of coverage provided. Be sure to review your policy and ask your insurance agent about adding this endorsement. The cost varies depending on the insurance carrier but it generally pretty inexpensive ($50-$75) in comparison to the cost of removing large, heavy trees.
Stay ahead of any drama
The Fallen Tree Law is enforced in order to simplify accountability and reduce legal proceeding costs for disputes over liability for fallen trees. It is highly recommended that landowners keep documentation in the form of pictures or videos of any trees that could possibly land on your property. This way, if a neighbor’s tree is diseased or decaying, proof is readily available. Additionally, being a responsible property owner involves proactively removing dead or decaying trees to prevent a possible loss.
McShea Insurance Agency writes personal and commercial insurance policies for a wide range of industries. Reach out for a free, no obligations quote for your property insurance, business insurance &/or car insurance via email or call 508-420-9011. Check us out on Instagram or head to our website for more info!