If a tree falls, who pays to clean it up?

When a neighbor's tree falls on your home or yard, are they responsible or are you?

Under state law, if a healthy tree that does not appear to be a danger falls, the person who sustains the damage has to pay for it, because it is considered an act of nature.

The owner of an obviously dead or dying tree, one that a reasonable person would presume is a risk, can be held responsible for damage caused when it falls if he is aware of that potential.

Anyone who sees a tree that may be in danger of falling should take photos and notify the property owner by certified letter immediately. This will help if the tree does fall and damage property. The letter and photos will help prove the property owners were aware and should have taken action.

Regular homeowners' insurance covers damage to your home from fallen trees. Insurance also typically pays up to $500 for tree removal, but only in certain circumstances:

When trees fall in your yard, you have to foot the bill to remove them.

Handling insurance after the storm

Things get a little more complicated if a tree from your neighbor's property falls onto yours.

If a healthy tree falls during a storm, whoever has the damage or tree in their yard pays for it. That means that if your neighbor's tree falls on your house, you and your insurance company pay for the damage. If your tree falls on your neighbor's property, the neighbor pays for the damage.

Storm, flood insurance FAQ

However, if that tree was clearly dead or dying, the owner of the tree is responsible for the damage.

Pay attention to trees in your yard and on your neighbors' property. If one in your yard threatens a neighbor's property, take the tree down.

If a neighbor's tree threatens your home, let them know. If they don't respond, send a certified letter to them, and take pictures of the tree. Then, if it falls and does damage, you have proof that your neighbor knew about it.

Without documentation, property owners can assert they were not aware their tree was in bad shape, and can be absolved of responsibility.

People should check with their local homeowners association or town to find out what its rules are concerning potentially dangerous trees.

Vehicles hit by trees and falling debris are covered by auto insurance with comprehensive coverage.