Who is responsible for removing fallen trees?
- by siteadmin
Trees are beautiful and add value to a yard. However, they can also present serious safety hazards when storms hit.
If you are aware of who is responsible to remove a fallen tree, it will help you plan for a situation that may require its removal. There are a few factors that determine who is responsible for the removal of fallen trees. Negligence and inadequate maintenance
Neighbouring Property Owners
If a tree from a neighboring property falls on their property due weather or other acts of nature, and causes damage, you are usually not responsible for cleaning up the debris or paying for repair. However, this does NOT absolve their responsibility to inspect and maintain their own trees.
There are several conflict resolution options you can pursue when a neighboring property's tree is located too close to your home or structures. An inspection will reveal that the tree needs to be removed. You could send a letter to the neighbor explaining the problem and asking them to remove their tree, or you could hire a mediation company with expertise in tree laws to settle it. If you choose to write directly to your neighbor, make sure to get permission before climbing. It is illegal, dangerous and can violate your homeowners' policy if you do it yourself.
Your Homeowners' insurance policy
Trees are a vital part of the environment, but they can also be problematic when they fall over or need to removed for safety. Storm damage, diseased branches or other factors could force their removal. Homeowners' insurance policies will usually cover the costs.
Homeowner's Insurance typically covers their home as well as sheds, fences, and other structures. It also covers any damage caused by trees that fall on their land. The homeowner is responsible for covering any damages resulting from these events.
There are exceptions. It could be difficult to cover the cost if, for instance, a neighboring trees falls on your car without collision coverage. However, damages covered by insurance policies. It is therefore important that trees are regularly checked to detect any potential problems and take corrective action accordingly.
City or town ordinances or agreements
Trees are an important part of any property design. They add beauty, value and elegance to a house. However, they can cause some problems for the property owner. There are often disputes over who should pay for or remove fallen trees.
Trees are usually the responsibility of the landowner. However if they begin to cause damage to neighboring properties then it could be their responsibility to remove them. According to New York law, if landowners maintain unsafe or unhealthy tree without taking steps towards its condition, they can be held responsible for damages.
City ordinances and Township regulations will determine who's responsible for clearing up trees that fall into streets, sidewalks or public areas. Usually, this decision falls to local governments. However, this policy may differ depending on if your area is rural or urban.
If trees on your property fall in a storm causing damage to property (including the car of a neighbor), you could be held liable. This is particularly likely if their health was poor before they fell. Documentation and expert opinion would support this claim. It is therefore recommended that arborists inspect trees regularly.
When a tree falls into your yard, it can cause you great distress. Taking preventative measures to safeguard the trees of your neighbors is often a better option. Consult a lawyer about the specific facts in your case and consider legal action if necessary. In the interim, check your homeowners' policy and contact a professional tree removal service.
Trees are beautiful and add value to a yard. However, they can also present serious safety hazards when storms hit. If you are aware of who is responsible to remove a fallen tree, it will help you plan for a situation that may require its removal. There are a few factors that determine who is…