Tree Ownership and Liability
If a tree trunk is on your property, you own the tree. As the tree owner, you must ensure it is healthy and stable. If your neglected tree falls and damages your neighbor’s property, they can sue you for compensation.
Insurance Coverage for Fallen Trees
If a tree falls on your property, make an insurance claim to cover damage and removal costs. Your car insurance may cover a fallen tree’s damage if you have comprehensive coverage. This helps pay for damage from falling objects.
Determining Liability
After a tree falls, who pays depends on why it fell. If neglect caused a healthy tree to fall and damage property or injure someone, the tree’s owner is liable.
If a falling tree damages property, the owner of the land where it stood is usually liable. But an occupier like a tenant may also be liable if they could have removed the danger. In some areas, tree owners are liable for root damage under "nuisance" law. Other places limit neighbors suing over roots.
Maintenance and Prevention
Property owners must keep trees from harming visitors. If neglect causes falling trees or branches, the property owner is liable.
Legal Aspects in Specific Locations
What is the tree law in New York State?
Who is liable when a tree falls on a neighbor’s property in SC?
In both New York State and South Carolina, the owner of the land where the tree stood is usually the one liable for any damages caused by a fallen tree, unless it fell due to natural causes like storms.
Who is responsible for diseased trees? The city is responsible for trees located along the sidewalk (even on what appears to be private property) or in parks.