In general, you are legally allowed to take it upon yourself to cut off any tree branch that overhangs your property from the point where it crosses the boundary. Courts have ruled that shade and debris cast by a neighboring branch, blocking light, clogging gutters, deteriorating a roof, etc. The recovery of damages is generally proportional to the extent of the injuries. Indeed, in the case of Grandona v. Could the situation get thornier, so to speak, if the tree was visibly unhealthy or diseased before falling?
Could you be responsible for paying for damages because of your neglect in maintaining it? That is, it must pay your neighbor regardless of your neglect. Your neighbor could make a claim against your own insurance company, which would investigate the claim. If you have liability insurance, your own insurance company can defend you in that lawsuit.
Your insurer would cover you up to the limits of your homeowners liability insurance. Typically, the total payment to restore landscape damage maxes out at 5 percent of the amount for which the home is insured, the III says.
To keep tree issues from developing, have an arborist fell or trim potential hazards above and below ground. For do-it-yourself pointers, read our archived article on pruning trees. The mitigation is intended to prevent the spread of wildfires.
USAA was among the highest-rated homeowners insurance companies in our recent survey. Claims related to fallen trees were examined in a recent homeowners insurance survey of Consumer Reports members.
The New York State Department of Labor has published additional guidance regarding the use of cannabis and the workplace. VMM is proud to announce that U. August 05, By Richard H. Wishing you a safe and healthy day. Related Posts. If the dangerous tree or branches causes damage in a storm, then you may be liable. Your insurer will not pay the cost for these preventative steps, but it is in your interests to address the problem.
Check your policy for exclusions for damage to third party property when cutting or lopping dangerous trees. This would be a risk you would bear. See our Getting Help factsheet for a list of additional resources. Toggle navigation. Insurance Law Service Advice and advocacy for consumers in financial stress. Telephone Advice Call us for free advice about insurance problems.
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