Each year, storms are responsible for knocking down limbs and trees. It is unfortunate that some of these fallen trees destroy homes and other properties. Cleaning up the damages from the storm might be challenging, and things might be tense when you realize that it is your neighbour’s tree, which destroyed your home.
When this happens, most homeowners may wonder, ‘if a neighbour’s tree falls on my house, who will be responsible?’ To help you understand what will happen, be sure to narrow it down to the following details:
- Homeowners Insurance
Trees might be tricky, though, for the most part, homeowners are accountable for what falls in their yard. If a storm makes your neighbour’s tree fall in your yard, homeowners insurance can cover the expenses of removing trees and remedying the damages it caused to the home. The same will happen in reverse. If your tree falls on a neighbour’s property, they should reach out to their insurance firm to evaluate the kind of coverage available for cleanup in their yard or damage.
If you also want to be practical, both home insurance and car insurance can cover a fallen tree. You might need to make a claim through your auto insurance because many homeowner’s policies don’t usually cover most cars. The best bet in this situation is to have comprehensive auto insurance to ensure that you get compensated. Some policies may acknowledge coverage for claims only when no negligence is involved, but others can cover claims no matter whether the policyholders have been negligent.
- The Exception of This Rule – Foreseeability and Knowledge
Logically, the overall position makes sense that one might be answerable in negligence following a breach of responsibility. Homeowners owe a duty of care to their neighbours to take realistic steps to ensure that trees are healthy and not liable to be blown over. However, it can be sensible to expect homeowners to notice dead limbs or branches starting to fall off or crack. These are signs of trouble in trees. If the signs have been obvious for some time and property owners do nothing about it, they are breaching their responsibility of care and can be accountable if the tree causes damage or falls over.
This is neither simple to prove nor does it have to be. The point here is that the individuals whose properties are damaged during natural events don’t always conclude that it is unfortunate to have suffered damages from the neighbour’s tree. A perfect way to avoid a case like this is to prevent it from occurring. If your tree looks unhealthy, be sure to consider tree removal services to have it checked by an arborist. It might seem like a big expense, but it can save you cash in the long run by helping you prevent increased insurance premiums.
Generally, if your property gets damaged, you are liable for the damages. It will not matter if the tree came from your yard, neighbour’s property, or municipal’s garden.
Keep in mind that the storm is not anyone’s fault. It is just a natural act. If a tree damages your property during a storm, your insurance policy may cover the damages. Besides, this is why you bought homeowners insurance to protect your home against unforeseen losses, such as a tree damaging your properties.
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