Neighbor's tree fell on your property: who pays?

Usually your own homeowners insurance pays for damage to your house, even when the tree was your neighbor's. Your neighbor may owe you only if they knew the tree was dead or dangerous and did nothing.

The general rule

• Damage to your house, garage or fence: file with your own insurer, even though the tree came from next door. Your policy covers the repair, minus your deductible.
• Your insurer may go after your neighbor's insurer to recover what it paid. If it succeeds, you may get your deductible back.
• The reverse is also true: if your tree falls on your neighbor's house, they file with their insurer.

When the neighbor is responsible

A healthy tree that falls in a storm is generally treated as an act of nature, so nobody is at fault. The picture changes when a tree was visibly dead, diseased or leaning, and the owner knew and did nothing. Then the owner may be liable. Proving they knew is the hard part, which is why documentation matters.

If a neighbor's tree looks dangerous now, tell them in writing and keep a copy. Photos, a dated letter or email, and a note from a tree professional all help if it later falls.

What insurance usually pays for removal

• Tree hits a covered structure: removal is usually covered, but many policies cap tree and debris removal at around $500 to $1,000.
• Tree falls in the yard and hits nothing: you usually pay for cleanup, unless it blocks your driveway or a wheelchair ramp.
• Removing a tree before it falls: that's on the owner.

Emergency removals in Huntsville often run around $1,500, more if a crane is needed, so the cap may not cover all of it. Ask the crew for an itemized invoice for your adjuster. What to do when a tree falls on your house.

Branches hanging over the line

Overhanging limbs are a common source of neighbor disputes. Talk to your neighbor before cutting anything on their tree, and don't damage the tree itself. If it's a real dispute, an Alabama attorney can tell you where you stand.

Sources: Consumer Reports, NerdWallet.

Common questions

My neighbor's tree fell on my house. Whose insurance pays?

Usually yours. File with your own homeowners insurer, which pays for the damage minus your deductible and may then seek repayment from your neighbor's insurer.

When is my neighbor liable for their tree falling?

Generally when the tree was visibly dead, diseased or dangerous and they knew and did nothing. A healthy tree that falls in a storm is usually treated as an act of nature.

Does insurance pay to remove a fallen tree?

Usually when the tree hit a covered structure, often capped around $500 to $1,000. If it fell in the yard and hit nothing, you usually pay, unless it blocks a driveway or ramp.