If you’re concerned about a particular tree on a neighboring property, you can have it assessed and then officially notify the tree owner of its dangerous condition. Fallen Tree Responsibility. So, who is responsible for fallen tree removal? Here are some information. There are many reasons why a tree may fall. In general, you are only responsible for damage to another’s property if you knew that the tree was diseased or dead. In Georgia, different laws apply when a tree is located in a rural versus an urban area. The thought of a tree falling on your property can be alarming in and of itself, but if a tree falls on your neighbor’s property, it can be even more tricky. toddsmariettatreeservices.com/removal-permit-ordinance/, toddsmariettatreeservices.com/why-do-i-need-tree-hazard-assessment/, toddsmariettatreeservices.com/how-to-identify-tree-emergency/, georgejohnsonins.com/news/38/Who+is+Liable+When+a+Tree+Falls+on+a+Neighbor%27s+Property, homeguides.sfgate.com/responsibility-overhanging-tree-100592.html. You should always consult with your legal counsel on any case specific matters. Call 9-1-1 in the event anyone suffered injuries when the tree fell. Never try to detangle limbs from a power line, even if the utility has shut off power. When the tree trunk is divided by the property lines of two or more people, it is referred to as a "boundary tree." If the tree was healthy and fell because of a storm or act of God, A is not normally at fault and the loss will be borne by B as a normal incidence of property ownership. Before you do anything else, you should contact your insurance company. Since the homeowner living on the property where the fallen tree was rooted did not intentionally push the tree over, nature is responsible. If the trunk sits primarily on your property, then you are the owner. High winds and heavy rains have caused numerous trees and branches to fall, often onto adjacent properties. Part-time and full-time …, Fall is coming, protect your investment and keep your family comfortable with these five home maintenance tasks to tackle in September. You or your neighbor contracted a certified arborist to conduct a tree hazard assessment (of the tree in question) and found it to be diseased, dying, or dead and posing a threat to your property. The following will help you boost the longevity of your trees and avoid catastrophic damages from their structural failure: Tip: When your tree presents signs of declining health, have it inspected and treated immediately. My Tree Fell on My Neighbor’s Property – I am responsible for the portion of the tree remaining on my property and any insurance claims regarding my property. Tree removal has been the subject of a lot recent legal and litigation discussion. FEATURED AND TRUSTED BY: Cost calculator for tree services. toddsmariettatreeservices.com gathered information on who is responsible for a tree when it falls, when homeowners insurance should be involved, and proactive measures to prevent your trees from falling. Your city or municipality may clean up trees that fall into the street, but you may still have reason to … While the law states that the fallen tree in your yard, whether it is yours or not, is your responsibility to remove, your neighbor may be willing to help out. The tree is on your property, so, consequently, the tree is yours. If the tree owner was negligent about a visible disease and refused to remove the tree themselves, then you may want to file a lawsuit against him or her. So if a tree is down in the road whoever manages the road clears it. Check with your insurance company now, so you know what to do if an unfortunate accident happens. When a tree falls on your house, whether or not you own the tree, there are some things you should do. Water, mulch, fertilize, and prune your trees as needed for their species and age. Let him or her know that their tree is dead and ask if they’re willing to have it removed. Whether the Owner of a Tree that Falls is Liable May Depend on Where the Tree was Located. Knowing how to define responsibility for fallen trees will help you resolve the situation promptly and fairly. In the case of Jane, her policy covers her for storm, but excludes the cost of removing fallen trees where there is no damage to the insured property. Compose a letter to your neighbor explaining your concerns about the tree. They can explain your options and guide you through the process of filing a claim. In other words, when a tree from your neighbor’s property falls and injures someone or causes damage to your property, the neighbor is responsible for paying for any damage when the fallen tree showed visible signs that the tree was dead or had a disease. Required fields are marked *. Sometimes it takes just one good storm to topple what was once a sturdy tree in your yard. • If A’s tree or its large limbs fall onto B‘s house or into B’s yard, the responsibility for damage or clean-up costs normally depends on whether A was at fault for the incident. This law, pertinent only to urban homeowners or landowners and not rural landowners, applies the “visibly dead or diseased” rule to trees that have fallen. Some policies cover clean up and removal of fallen trees that block your driveway. Is this how you foster lifelong friendships with your neighbors? Tree removal without the consent of all the property owners is unlawful. Call us for a quote. …, Whether your door is damaged, outdated or just in need of a modern update, updating your garage door can add beauty and new …, Select a category below to view companies, Yellow, brown, and brittle leaves or needles during the growing season, especially on the top third of the tree. Cutting up a fallen tree is not a DIY project for amateurs. Many tree service companies have arborists on staff. It is possible to discuss monetary arrangements with your neighbor, but the tree owner is under no legal obligation to pay for any damage to your property. 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