When a tree falls on residential property, the first question many homeowners ask providers of tree services in Arlington, TN, is, “Who is responsible for fallen tree removal?”
The answer isn’t always straightforward. It usually depends on where and why it fell, as well as the extent of the damage.
Where Did the Tree Land?
In Tennessee, the general rule regarding responsibility for fallen tree removal is straightforward: Whoever owns the property where the damage occurred is responsible for cleanup and repair costs. That means you have to arrange cleanup and cover the costs, even if the tree was originally in your neighbor’s yard.
But who pays for the cleanup when the fallen tree causes damage on both sides of the property line? The general rule is that the property owner where the tree lands bears responsibility for fallen tree removal and repairs on their side. For example, if a healthy tree from the neighbor’s yard falls and lands partially in your yard, you have to handle the part on your property, and they’ll take care of what’s on theirs.
However, there is an important exception. If the tree was already visibly dead, diseased, or leaning before it fell, and the property owner knew and failed to address it, they’re responsible for any damage it causes, regardless of where it lands. Ignoring a failing tree constitutes negligence.
Who Pays for Fallen Tree Cleanup?
Determining who pays for fallen tree cleanup depends on the extent of the damage and the homeowner’s insurance coverage. If you have insurance coverage for tree damage removal, you might be able to make a claim to help cover removal costs, especially if the tree damaged a structure like a home, garage, or fence.
That said, if a fallen tree doesn’t cause any structural damage, coverage may be limited. You might have to pay for the cleanup out of pocket.
When you make an insurance claim, the insurer will want to know the condition of a tree before it fell, as this is the biggest factor in determining who is responsible for its removal.
For example, if you have a tree that’s a known hazard, with hollow sections, visible rot, or large hanging limbs, you have a legal obligation to remove it. Otherwise, you’ll be liable if it damages a neighbor’s property.
If you spot signs of trouble with a tree on a neighbor’s property, put your concern in writing before it causes problems. Sending an email or text message can serve as documentation that you notified the neighbor about a dangerous tree, which can be critical in determining the property owner’s liability when it falls.
Call Spruce Up Tree Care for Help With Fallen Trees
When a tree comes down in your yard, and you aren’t sure who is responsible for removing it, the team at Spruce Up Tree Care in Arlington is ready to help. For answers to frequently asked tree removal questions, including those related to emergencies and storm damage cleanup, call (901) 833-8242.
