Neighbors tree is dead and falls into my yard damaging my shed. Does their insurance cover it or is it an act of God and my insurance cover it? Also if a tree (alive) in my yard damages a neighbors house who's responsible? I posted the dead and alive because I was told it matters but not 100% sure. Is it different with a shed and a house? Thanks in advance for any help!

Likely considered an "Act of God" and the insurance coverage (if any) would be under your homeowner policy. That is, unless the tree owner knew (or should have known) the tree was in a weakened/damage state (i.e. visibly rotten, told by an arborist it is dead/diseased, etc.).

I thought the law in Kentucky was that if your neighbor's tree fell into your yard and the neighbor had no reason to suspect that the tree was diseased or otherwise weakened, then the resulting property damage and cleanup is your responsibility (subject to any policy of insurance you may have to cover this). If the neighbor knew or should have known that the tree was compromised, then he is liable for your loss. I believe it is also the law that if the limbs of a neighbor's tree extend into your "airspace" then you are free to cut them off.

I thought the law in Kentucky was that if your neighbor's tree fell into your yard and the neighbor had no reason to suspect that the tree was diseased or otherwise weakened, then the resulting property damage and cleanup is your responsibility (subject to any policy of insurance you may have to cover this). If the neighbor knew or should have known that the tree was compromised, then he is liable for your loss. I believe it is also the law that if the limbs of a neighbor's tree extend into your "airspace" then you are free to cut them off.

 

Yes, a property owner can trim the limbs/branches that are "trespassing" onto your property.

I'm not sure how the insurance views it, I just know how country folk view it and how it relates to fence damage. Fences make good neighbors, so you share the repair of the fence and split the wood from the tree.

 

Good luck

Likely considered an "Act of God" and the insurance coverage (if any) would be under your homeowner policy. That is, unless the tree owner knew (or should have known) the tree was in a weakened/damage state (i.e. visibly rotten, told by an arborist it is dead/diseased, etc.).

 

Even then unless the tree falls on a calm day, it would likely be very difficult to get your neighbors insurance to pay for the damage to your property. If it occurs during storms particulary those that cause widespread damage than more than likely it would be considered an act of God.

Called my insurance and they tell me that the tree was on their property and their insurance is responsible. Bet the neighbors insurance will tell them something different. Neighbor is a good dude and I'd rather not go thru the insurance company (his or mine) I like birdbrains idea, I think my neighbor and I will fix it over some cold ones and burn the wood. Man, Mother Nature is being a true blue ..... This year.

Called my insurance and they tell me that the tree was on their property and their insurance is responsible. Bet the neighbors insurance will tell them something different. Neighbor is a good dude and I'd rather not go thru the insurance company (his or mine) I like birdbrains idea, I think my neighbor and I will fix it over some cold ones and burn the wood. Man, Mother Nature is being a true blue ..... This year.

 

If you and your neighbor cannot get things worked out, I would go back to your insurance company. It really doesn't matter whose property the tree came from, they insure your home and should cover it for damage due to a tree falling onto it.

 

What they told you would be no different than if a drunk driver ran into your home and they said that he was responsible. That may be true but what if he doesn't have insurance? They owe you to repair your property. If they fell that the neighbor is a fault than they have the right to make a subrogation claim against them, but they should address the claim and your damages if that is what you want them to do.

Id keep the insurance companies out of it if you can, better for you in the long term.

Id keep the insurance companies out of it if you can, better for you in the long term.

 

I agree!!

 

I'm kind of an expert on this subject. Both sides of my property are lined with 45 year old pine trees. When they were planted they were as big as a pencil. We really didn't know how big and tall they would get. Most of them are at least 40 feet tall now with the power lines going through the branches. Pine trees and wind don't get along very well.

 

Two of my trees broke in a wind storm. They broke about halfway up with the top half hitting my neighbors house. It didn't do much damage but scratched up the brick of the neighbors house. I just got out my chain saw and took care of it myself. After a few hours I was done.

 

I can remember John Matterese on Channel 9 news talking about this. He said " if the tree is on your property and perfectly healthy, and falls in your neighbors yard, your neighbor is responsible for cleaning up his own yard." Then, if the tree was dead or diseased, then the owner of the tree would be responsible for cleaning up the mess in the neighbors yard. I hope this makes sense.

My next door neighbor moved about 5 years ago to Charlotte, but rents the house out. There are 2 trees that are in DYER NEED of a trimming and have a very SCARY pitch to them (so much so they could fall over any time now). I told her plenty of times they need some SERIOUS attention.

 

If these "bad boys" land on my house, I have pictures to prove they were in serious need of attention.

My next door neighbor moved about 5 years ago to Charlotte, but rents the house out. There are 2 trees that are in DYER NEED of a trimming and have a very SCARY pitch to them (so much so they could fall over any time now). I told her plenty of times they need some SERIOUS attention.

 

If these "bad boys" land on my house, I have pictures to prove they were in serious need of attention.

 

You should send a certified letter to the neighbor advising them that the trees are in poor condition and requesting that they take them down (or at least trim off what is dead). Keep copies of the letters and proof of receipt via certified mail. This way if the trees ever do fall onto your home you will have proof that the neighbor was put on notice of the problem and was negligent in not acting to prevent any damage from occurring.

I have great neighbors and they are very old. I would have cleaned up both of our yards no matter what. Would have paid out of pocket to fix the damage to the house, but they told me not to worry about it.

 

I also do snow removal without charging them. Great neighbors are hard to come by.

This is what insurance agents are for. Give them a call and they should be able to easily give you the answer. Unless you've had a lot claims recently you don't have to worry about the rates going up for something like this. So if it's going to be a big problem or cost you a lot of money I'd make the claim.

Thanks for all the help. I got the roof tarped off yesterday before the storms hit but it was not fun fighting the wind. Talked to the neighbor and we both agreed that this wasn't worth going through insurance companies on either side. We are going to fix it and split the cost which shouldn't be much. Thanks to all that helped.