Fencing is built to last for several decades with regular wear and tear. However, we can’t stop the elements from occasionally wreaking havoc on our homes and backyards. In Florida, homeowners always run the risk of losing their fencing to fallen trees during hurricane season. But, if a neighbor’s tree falls on your fence, are you responsible for replacing it?
What Happens When a Neighbor’s Tree Falls on Your Property
In most cases of fallen tree damage, your insurance company will take care of the damages regardless of what property the tree is on This makes filing a claim easier for you and can expedite the repairs. Once you’ve filed your claim, you can meet with the claims adjuster and schedule the repairs as well as the removal of the tree. In most cases, your insurance company will take care of this for you, but there are certain cases in which your neighbor will be liable.
If a hurricane or major storm takes out a perfectly healthy tree, this will typically not be your neighbor’s responsibility. However, there are certain cases in which they are held liable for damages, such as:
- if they are removing a tree without professional help and it falls on your property
- If the tree is diseased and falls during a light storm
- If there is any evidence they purposefully let the tree fall on your property
In these circumstances, your insurance company may go after your neighbor’s insurance company in order to pay for the damages. Typically, homeowners are responsible for maintaining their trees and removing them if they are dead or diseased. A dead or decaying tree is more likely to fall, and is, therefore, a liability on their property. Homeowners are also liable if they accidentally allow a tree to fall on their property due to unprofessional tree cutting. If they choose to remove a tree themselves and it falls on your property, your neighbor will be held liable for the damages.
These liabilities are also yours if a tree in your backyard falls on a neighbor’s property. The best way to prevent this is to practice proper tree maintenance and remove any dead trees or diseased limbs that may be likely to fall in a storm. If you do need to remove a tree, always call a professional for help to avoid liability in the event of an accident.
And, if you need fence repairs in the Tampa area, contact FloriFence for help. We provide new fence installations as well as repairs, with a one-year service guarantee on all installations.