What Happens When My Neighbor's Tree Causes Damage to My Property?
If your property has been damaged by your neighbor’s healthy tree that fell during a storm or any other act of nature, you’ll turn to your own homeowners policy. It should cover your losses minus your deductible. If, however, the tree was dead, diseased, or otherwise hazardous and your neighbor either knew that it was or reasonably should have known, it’s a different matter. In this case, you can hold your neighbor legally responsible for their negligence. The best course of action is to discuss your claim with our experienced Michigan home insurance agents at Hartman Insurance Agency, Inc., today.
What Homeowners Policies Generally Cover
Homeowners policies generally cover damages in the following categories:
- Structural damage to insured structures like your home, garage, or fence
- The cost of removing the fallen tree from the damaged structure, which most homeowners policies include only a small limit for, such as from $500 to $1,000
If the tree lands on your lawn, garden, or driveway but doesn’t cause damage to a permanent structure, insurance is unlikely to cover the cost of cleaning up the debris. Discuss your home insurance needs with a knowledgeable home insurance agent today.
If Your Neighbor’s Negligence Is the Underlying Cause
If your neighbor knew that the tree posed a hazard, or if they reasonably should have known, you can seek compensation for the damages you sustained. Proving negligence hinges on evidence, such as proof of visible decay or past written notifications regarding the risk posed.
If you file your claim through your own homeowners policy, the insurance company may cover your losses but attempt to recover compensation for the expense through your neighbor’s policy. This is called subrogation, and it highlights the complications involved.
Your Rights and Your Neighbor’s Tree
There are specific situations that Michigan law directly addresses when it comes to the risks posed by trees.
The Right to Trim Your Neighbor’s Tree
If the branches of your neighbor’s tree cross over your property line, you have the right to trim them back as long as you don’t damage the tree in the process. You do not, however, have the right to cross into your neighbor’s yard without their explicit permission.
The Right to Address a Tree that Sits Directly on the Property Line
If the tree in question sits directly on the property line between your home and your neighbor’s, it belongs to both of you equally. This means that each of you must consent before action can be taken.
Our Experienced Michigan Home Insurance Agents Can Help
Trees can cause immense damage, which makes it important to have a solid homeowners policy in place. Our focused home insurance agents at Hartman Insurance Agency, Inc., appreciate how important it is to protect your home from unforeseen events, and we’re committed to helping you find the right coverage. Learn more about how we can help by contacting us online or calling us at 734-245-2678 today.