Who is Responsible for the neighbors fallen tree

Greene & Associates Insurance
1.800.252.6885

My neighbors tree fell on my house. Will their Homeowners Insurance pay for the damage and removal of the tree?

We run into this situation all the time here in Florida. A neighbor has a tree that falls during a storm and damages other neighbors homes and property. Most of the time the tree owners Home Insurance does not provide coverage for the damage done to your House or Property. Nor does it afford coverage for removing the tree. In most cases you are responsible for removing the portion of debris on your parcel of property. You are also responsible for any damage to your home cause by the neighbors tree. The reason for this is simple; many times a tree can be growing right in the center of a property line and it would be almost impossible to determine who is responsible for the damage. The Homeowners Insurance companies keep it very simple by stating that each party is responsible for damage and debris on their property.

Are their any exceptions to the rule?

Of course, there will always be exceptions to general rule. In this situation the neighbors Home Insurance would have to pay for the damage to your property and removal of any fallen tree or limbs if they are found negligent. This could mean the tree had a disease or was dead and should have been removed or trimmed. The tree could be growing at a odd angle towards other properties and pose a threat to the safety of surrounding properties. It also helps your case if you notify the home owner informing them of the potential threat to your property. If they refuse to do due diligence and have the tree checked out and you suffer damage to your property then the tree owner's Insurance policy will more then likely be required to pay for the damages and fallen debris.

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Greene & Associates Insurance
417 SW Baya Drive
Lake City, FL 32025
(386) 755-1122 Fax (386) 754-1578
1-800-252-6885
info@greeneinsurance.com

2 Comments

Norman Duncan said...
I have a large oak hanging over my mobile home. It covers the south side of the home covering the roof with acorns and the yard with leaves. The tree trunk is on the neighbors property. It will break on another hurricane. I have warned her that it will damage us severely and she should take it down. She recently did major tree work but did not touch this tree/

THURSDAY, JANUARY 28 2016 3:15 PM

Melody Barron said...
Please advise me of the Florida State statue that covers the information on neighbor owned tree damage. Also, how do I locate an attorney in my area that can write a demand letter to my neighbor to inform her that she will be held liable. My neighbor owns a Florida Live Oak on her property that is over 50 years old. She has never maintained the tree, and it is in extremely poor condition. This tree is huge, at least 60-70 feet high or higher. She within the last month had all the limbs cut to the tree trunk on the side of the tree that faces her home, leaving the tree completely unbalanced, and top heavy leaning toward my home which is approximately 19 feet from the tree trunk. However, the Town of Dundee owns the alleyway between our homes. They are refusing to maintain the tree. Approximately 60-70 feet above my property bounary I have approximately 4 feet of the tips of the branches, which I understand is my responsibility, however, cutting those 4 feet will not correct the problem . The responsibility lies between my neighbor, and the town. I live in fear everyday of the tree falling. With the hurricanes here in Florida I am petrified. Can anyone please direct me. I have been unable to find an attorney who wants, or has knowledge of my rights in this situation.

WEDNESDAY, SEPTEMBER 20 2017 6:34 PM

Who is Responsible for the neighbors fallen tree

2 Comments

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