Who Has to Clean Up A Fallen Tree After a Storm and Ownership is Disputed?
Full Question:
Answer:
A survey in accord with the city plat maps will control ownership of the tree over the placement of a fence. If it is on the boundary line, then the neighboring owners often share costs of maintenance, repair, removal, etc. Otherwise, the owner of the tree is responsible for the costs. The owner's insurance may cover it, but insurers will often try to deny payment based on "act of God" exclusions, such as when there's a storm.
Generally, however, in cases where trees belonging to one property owner fall on and damage or destroy adjacent property, the tree owner is only responsible for damage if some failure to maintain the tree contributed to the damage. If the damage was solely the result of a thunderstorm or act of God, the tree owner will not be responsible, as the damage could not have been foreseen. If a tree limb appeared precarious and the owner failed to maintain the tree after warnings, the owner may well be responsible for resulting damage when a storm causes the limb to fall. If, however, the tree was well maintained and a storm causes a tree limb to crash into a neighbor's roof, the tree owner is not responsible. If the tree owner allows the tree to grow so that it uproots the fence, it would be considered an encroachment onto the adjacent property. In that instance, the tree owner would be required to remove the offending tree. A boundary tree is one planted on the boundary line itself and should not be removed without mutual agreement.
A neighbor can be held liable only if his failure to maintain the tree in some way contributed to the damage. If the damage was merely the result of a large storm or an act of God, the neighbor will not be liable for the damage, because the damage could not have been foreseen. If a tree limb appeared precarious and the owner failed to maintain the tree after warnings, he is responsible for resulting damage when a storm causes the limb to fall. If the tree was well maintained and a storm knocked it down onto your roof, the neighbor is not responsible.