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When The Tree Falls....Who Is Responsible?

By
Home Inspector with H.I.S. Home Inspections (Summit, Stark Counties)

I was inspecting a home last week, where a very large tree had fallen the day before from the yard of the house I was inspecting (which was vacant), and had crushed the neighbors fence, and a large portion of the tree was now taking up the neighbors back yard.

During the inspection, he came over and asked the realtor who was responsible for the tree removal, and damage to the fence. She politely told him that he would have to contact his own insurance company, and that they would most likely pay the claim. The neighbor said that was fine, but who was going to pay his deductible? The realtor said that he would most likely have to be responsible for his own deductible, which started a heated discussion between the realtor and the neighbor. (I made myself scarce).

I know that usually when a tree falls, that both insurance companies have some responsibility for paying for the portions damaged on each property. But in a case like this, where the house is being sold, did the realtor have the right response to the neighbor? Or was there a better way to handle this? Now, the new home owner will have an angry neighbor right from the start. I think I would have maybe tried to work something out with the neighbor to take care of his deductible....what do you think?

Recipe for disaster

Recipe for disaster: multi-trunk tree with a large hollowed out area in the middle; a tree likely to fall soon.

Bob & Carolin Benjamin
Benjamin Realty LLC - Gold Canyon, AZ
East Phoenix Arizona Homes

 Bet you did stay scarce... whew. Likely the agent would have been better off not even answering the question. Maybe the bank has an insurance carrier that will handle it -- probably they did not really know one way or the other. Just our 2 cents.

May 27, 2008 05:37 PM
Kevin Corsa
H.I.S. Home Inspections (Summit, Stark Counties) - Canton, OH
H.I.S. Home Inspections, Stark & Summit County, OH Home Inspector

I want to thank everyone so far for their comments. Seems I got the only agent who spoke up at the wrong time. Oh well, I'm sure she learned something from the experience too.  

May 27, 2008 10:20 PM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

  The neighbor's insurance company may well go after the vacant house seller's insurance company...it sounds like too much information was given without knowing the facts OR being an expert on the particulars of the situation. Our motto is always "Go to the highest source" for information...clearly that was not the case.

May 28, 2008 12:09 AM
Adell Forbes (REALTOR®)
eXp Realty - Atlanta, GA
"Knowledge & Experience Working for You"

Hello Kevin- my 1st question would be; did the tree need trimming?? If it was overgrown. dying, infested with bugs or unkept-I would think that the seller of the home is responsible. Even though the house was vacant; he still rightfully owns it.

If the tree was well kept and in good condition and it was simply an act of nature, then I would say both parties are responsible. And yes the Realtor in this case could've dealt with it differently and inform the neighbor (whose yard the tree fell in) that she will speak with the current homeowner and get back to him. The ideal situation would've been to split whatever costs were involved to have the tree removed. This was also an oppertune time for the Realtor to get to know the neighbor (the victim in this case) better and build a relationship for future business and referrals.

May 28, 2008 12:20 AM
Anonymous
Camille

Where are the tree huggers???  LOL. All kidding aside this happened to us two months ago. Three 25' trees fell in our yard and damaged our new fence. I contacted the owner (a former neighbor who had moved away and was trying to sell her house). And "no" she did not ask me to sell her house-go figure? So, while we were contacting our insurance company to make sense out of who was responsible, the neighbor called and said they weren't her trees. Instead of trying to make an issue out of it, I referred the question to the insurance claims center.  Surprisingly, I was told by my insurance adjuster and claims center, that fallen trees are an act of God and since the fallen trees landed on our property we were indeed responsible for the clean up and damage. I then pulled the property plats and found the property markers in our yard and felt assured according to my measurements the trees were not ours. My husband who had been living here ten years before the neighbor swears a former neighbor had planted them. So with my findings, I called up the insurance company again and presented the facts and that there were three more trees on the verge of falling and asked the question, "Will we be responsible again to pay the deductible if they fall next month or next year?" After a couple more hard pressed questions, a supervisor called me back and provided some direction to make me take action. The supervisor advised, that we draft a notorized letter to the former neighbor stating that there is evidence that three of her trees have the potential of falling either on our property or her property. In addition to, copying my neighbor's insurance agency to give them a heads up and a letter to our insurance company. With that said, I now feel confident that if the tree(s) happen to fall on our property, my neighbor and her insurance company will be responsible and more than likely the owner may just have to pay out of pocket because she has now been given fair warning to take action of her dying trees or risk being tagged as a tree killer by her insurance agency. Ha!  My insurance agency told me in writing they will back us up, if need be.  Right now, our backyard resembles a couple of missing teeth with overcrowding and rooting problems.

Oh yea, the neighbor's house is now rented, and the resident talks of purchasing the home and I haven't figured out how to dovetail the lingering fallen tree issue with them. Or perhaps, see if the owner discloses the fact. What would you do?   

 

 

   be responsible for her trees.  ustated in writing they will defend our position and fight  In Maryland, the law exclaims that if you can prove that the neighbor has become irresponsible           had been up  claimed the trees were not hers.

May 28, 2008 12:30 AM
#39
Richard Schardt
Keller Williams Realty - Kernersville, NC
Triad NC Real Estate

Hi Kevin, As an agent I would engage in polite conversation, but NEVER answer a question like that one way or another, even if I was sure of the answer. Why go out and look for more potential liability? Crazy!

May 28, 2008 01:23 AM
Kevin Corsa
H.I.S. Home Inspections (Summit, Stark Counties) - Canton, OH
H.I.S. Home Inspections, Stark & Summit County, OH Home Inspector

Richard, I totally agree. It is hard enough for me to keep up on relevant issues pertaining to home inspection, let alone insurance regulations. This agent went way out on the limb, and I wasn't about to follow, or we would have both crashed to the ground, not unlike that tree.

May 28, 2008 01:30 AM
Charles Buell
Charles Buell Inspections Inc. - Seattle, WA
Seattle Home Inspector

Kevin, I agree with you.  From the hugh number of varied responses it is clear that there might be lots of "correct" answers.  To throw a different wrench into the discussion:  what if the tree falls out of a state or national forest onto your house?  Anyone think the government will pay?

May 28, 2008 02:15 AM
Kevin Corsa
H.I.S. Home Inspections (Summit, Stark Counties) - Canton, OH
H.I.S. Home Inspections, Stark & Summit County, OH Home Inspector

Well, I hadn't thought of that one Charles, but I would bet the definitive answer would be "no way".

May 28, 2008 02:33 AM
Joyce Windschitl Hercules
Prime Mortgage - Chanhassen, MN
MN, FL, WI & CO Mortgage Consultant

I too have had this happen twice.  The first time it was a storm and my tree damaging my property.  My insurance paid.  Last fall after a storm I noticed part of my fence down.  I called my neighbor as he has a HUGE dying tree and was positive it was his tree.  He came over and said - "I guess I should cut it down before it does any more damage, just get it fixed and send me a bill".  He started picking up branches and I was walking away and he said "Joyce, come here.  Look up!  It was your tree!"  Darn and sugarplums!!!!!!  I paid again.  My addition to this story is - sometimes it is doing what it right.  My neighbor didn't care about insurance - it was his tree (but wasn't).  So, if one of my trees damaged my neighbors yards, I would absolutely take responsibility - if the cost was high, I would talk to them about submitting to insurance and I would cover the deductible.  Now, that is based on my current neighbors and the relationships I have with them!!!!

May 28, 2008 02:55 AM
Kevin Corsa
H.I.S. Home Inspections (Summit, Stark Counties) - Canton, OH
H.I.S. Home Inspections, Stark & Summit County, OH Home Inspector

Lucky it is to have good neighbors.

May 28, 2008 03:13 AM
Shawn Martin
Crosby Inspections - Vancouver, WA

I have had this happen to me twice over the years. Both time it was the neighbors tree, and both times my neighbor paid for my fence.

 

Shawn

May 28, 2008 03:48 AM
Atlanta's Home Inspector, David Lelak IHI Home Inspections
IHI Home Inspections 404-788-2581 - Canton, GA
Experience the IHI Difference

Great story and interesting question with some great answers.  Congrats on your gold star.  Since the tornatoe hit about a week ago, we've had a lot of these same questions being asked.  Have a great week.

May 28, 2008 05:05 AM
Anonymous
Randy KC

If the tree is healthy, and it falls due to an act of God, it is clearly the responsibilty of the person that owns the property where the tree lands to clean it up and pay for damages. There are many comments here that confuse the issue where one property owner voluntarily pays for the clean-up. If the clean-up is voluntary, what legal issue is that supposed to address in this forum?

An earlier post made a good point - if a neighbors tree is not healthy, it is important to notify them in writing. They are then responsible for the issue.

One other note - everyone seems awfully eager to call their insurance company at the drop of a hat (or tree!). Do you realize what this is doing to your rates to turn in these $1000 claims? Did you know that many insurance companies, when you even call up to ask the question, and end up not actually make the claim, count the incident against you in making future judgements about what your rate should be? They rate you based on events that may indiucate future liabilities. What a rip that is.

Jun 03, 2008 03:24 AM
#48
Kevin Corsa
H.I.S. Home Inspections (Summit, Stark Counties) - Canton, OH
H.I.S. Home Inspections, Stark & Summit County, OH Home Inspector

In Ohio, it used to be that when you turned in a claim on your homeowners policy, it did NOT affect your premiums. However, in recent years, that has changed, and now you must certainly evaluate whether or not it is actually "worth it" to turn in the claim, versus the liklihood of your premiums going up.

Jun 11, 2008 11:19 PM
Kevin Corsa
H.I.S. Home Inspections (Summit, Stark Counties) - Canton, OH
H.I.S. Home Inspections, Stark & Summit County, OH Home Inspector

Unless your claim gets to be at least $2500 or more, it may not be worth turning in, because of the rating and raised premiums you will now recieve.

Jul 26, 2008 02:08 AM
Jacques Mountain
Dream Home Inspections/203K Consultant - Fayetteville, GA
Inspector/203K Consultant

I always thought if it is in your yard you are responsible. Just like a swimming pool.

Sep 09, 2008 02:02 PM
Anonymous
Garrett G.

As said above act of god mean if it lands on your house/yard/whatever it doesn matter who owns it, it's your Babby.

Oct 26, 2009 09:45 AM
#52
Anonymous
Sebastian M

I think the tree owner where the tree was standing before should be responsible.

Apr 16, 2011 06:06 AM
#53
Anonymous
Doc Rocky

Lot of armchair quarterbacks. Best responses are those who had the experience themselves, not what one who's not had it feels. My neighbor had this happen. His tree fell on another's property. The damaged party filed an insurance claim and their insurance paid it. Since the tree was in good health, the paying insurance company did not attempt to subrogate. Of all the folks here who posted, no one used this word, and that's the operative word that describes one insurance company, having paid a claim, going after a party they feel is negligent for reimbursement. I recall this becuz my neighbor, whose tree fell, was an attorney who dealt in this sort of stuff and he explained it to me. The incident occurred in Virginia. Other states' laws may differ.

May 17, 2011 12:43 PM
#54