Who is Responsible for Fallen Tree Removal?
- by siteadmin
Trees add beauty and value to a yard, yet can also pose serious safety hazards during storms.
Knowing who is responsible for fallen tree removal will enable you to plan accordingly should a situation arise that requires its removal. Some key factors which determine this responsibility: 1.) Negligence and insufficient maintenance
Neighboring Property Owners
If a tree from your property falls onto neighboring property due to weather or acts of nature and causes damage, typically you aren't liable for cleaning up debris or paying for repairs; however, this does not absolve them of their responsibilities for inspecting and maintaining their own trees.
In cases where a neighboring property owner's tree is too close to your house or structures and an inspection reveals its need to be removed, there are various conflict resolution strategies you could pursue. You could write a letter explaining the issue and request they remove it themselves, hire a mediation service with expertise in tree law to settle it or write directly to them but no matter what you decide don't go climbing without first getting permission! It can be illegal and risky as well as violating your homeowners' insurance policy if caught doing it yourself!
Your Homeowners’ Insurance Policy
Trees are essential parts of our environment, yet can present challenges when they collapse or require removal for safety concerns. Storm damage or diseased branches could necessitate their removal; in such instances, homeowners' insurance policies typically cover repairs.
Homeowner's insurance typically provides coverage for their home, shed, fence and other structures on their property – including any damage from fallen trees on their land. That means the homeowner is typically liable to cover any damages caused by these events.
There may be exceptions, however. For instance, if a neighboring tree falls onto your car or other structure without collision coverage and damages are covered by insurance policies it could be hard to get the cost covered. Therefore it is crucial that trees are regularly inspected to detect any indications of potential trouble and take corrective actions accordingly.
City or Town Ordinances or Agreements
Trees are an integral component of property designs and add beauty and value to a home, yet can sometimes present issues for property owners. Disputes over who should remove or pay for damage caused by fallen trees often arise.
Trees typically are the responsibility of their landowner, although if a nuisance tree begins to affect neighboring properties it could fall to them to remove it. Under New York state law if landowners knowingly maintain unsafe or unhealthy trees without taking steps to address its condition they can be held liable for damages and be held legally responsible.
City ordinances and township regulations will dictate who is responsible for clearing away trees that fall onto streets, sidewalks or other public areas. Usually this decision rests with local governments but this policy could differ depending on whether your area is urban or rural.
If the trees on your property fall during a storm and cause property damage (including their car), it could be held that you were responsible. This is especially likely if they had poor health before their fall; documentation and expert opinions would support this claim. Therefore, regular arborist inspection is recommended.
Once a tree falls onto your property, it can be extremely distressful; therefore, taking preventative steps to protect their neighbors' trees is often much preferable. Consult an attorney regarding the specific facts of your case, and consider any legal action that might be warranted; in the meantime check your homeowner's policy and contact an experienced tree removal service; it is always cheaper to pay upfront rather than risk costly damages later.
Trees add beauty and value to a yard, yet can also pose serious safety hazards during storms. Knowing who is responsible for fallen tree removal will enable you to plan accordingly should a situation arise that requires its removal. Some key factors which determine this responsibility: 1.) Negligence and insufficient maintenance Neighboring Property Owners If…
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