neighbor's tree fell in my yard ct

ERIE life insurance and annuity products are not available in New York. on If you have a legal issue pertaining to issues mentioned in this article, consult a lawyer immediately. If there’s ever an issue between neighbors, you can rely on your claims adjuster to help straighten everything out. Can they just throw all the branches over the fence into my back yard? https://www.erieinsurance.com/-/media/images/erieinsurance/erieinsurancelogo.png, Enter a valid address, city, state or Zip, Learn more about homeowners insurance from ERIE. That means if you have a tree on your property that’s unhealthy, rotting, or generally unsafe, and is close enough to a neighbor that it puts them or their property at risk, you’re liable if anything goes wrong. What Happens If Your Neighbor's Tree Falls and Injures a Third Party? Before getting upset, remember that it is very likely that your insurance will cover any damages and the cost of removal as well. Erie Insurance When negligence is not a factor, Connecticut law states that whosever property a tree falls on is responsible. Under Connecticut case law, if a tree is growing on one person's land but its branches or roots encroach on a neighbor's land, the neighbor can cut off the branches or roots up to the line of his or her land (see McCrann v. Town Planning & Zoning Commission, 161 Conn. 65 (1971)). If the tree encroaches onto the neighbor's property, the neighbor may sue to make the owner cut the branches, even if no damage has been done. Insurance products are subject to terms, conditions and exclusions not described in this blog. And with tree damage in the news and plenty of winter weather still ahead before spring, now is a good time to clear up what might be a confusing topic for many Nutmeggers. When police officer came and blocked out road my neighbor told police officer it was my tree but it was clear it was on the border on his property and a quarter on mine. Per Connecticut law (C.G.S. § 52-560) any willful cutting of another’s tree (even one on public land) subjects the offender to liability for three times the reasonable value of the tree. ERIE Medicare supplement products are not available in the District of Columbia, New York and Wisconsin. This is today’s question: My neighbor’s tree fell into my yard and damaged my car. For Emergencies we can be reached anytime at (530) 414-3513. When leaves fall from your tree and create debris in the yard next door, your neighbor might find it annoying. 3 Laurel Rd. Homeowners should be concerned about the health of their trees. Depending on the extent of the damage, you may need to file a homeowners insurance claim. This site is protected by reCAPTCHA, and the Google Privacy Policy and Terms of Service apply. Eligibility will be determined at the time of application based upon applicable underwriting guidelines and rules in effect at that time. Refer to the company licensure and states of operation information. If a tree falls into your neighbor’s yard, typically your insurance company will get involved, if it fell over due to an act of nature. The policy contains the specific details of the coverages, terms, conditions and exclusions. This story was originally published in 2014. Need a tree trimmed or removed before it falls? When a dead tree falls on your property, you likely will clean it up and deal with any damage on your own. But, what if it is not your tree? Normally, if the damage occurs because of some natural occurrence such as a windstorm, you pay for damage done on your property by your neighbor’s falling tree. Namely the question, “Am I responsible if a tree falls from my property onto my neighbor’s?”. Sunday: CLOSED. Then call your insurance agent, who can explain your options and help you understand if and how to file a claim. If cut through a mistaken belief that the tree was growing on one’s own land then liability is for the tree’s reasonable value only. The insurance products and services described in this blog are not offered in all states. That's right, even if the tree is rooted in your neighbor's yard, if it crashes onto your property, it's your problem. An exception to this, attorney Steve Goldman with The Goldman Firm said, is … Your homeowners insurance may or may not cover the cost of tree cleanup, depending on your policy and the company you work with. Causation means that the neighbor's breach of duty was responsible for the tree falling onto your property, and that it was foreseeable to a reasonable person in your neighbor's position that the tree would fall down if steps were not taken to prevent it from falling. So if a storm causes your neighbor’s tree to fall in your yard, your homeowners insurance could help cover the cost of removing the tree and remedying the damage it caused on your property, after your deductible. The answer: It depends. Mon-Fri: 8:00-4:00 Your ERIE agent can offer you practical guidance and answer questions you may have before you buy. You hear a sudden crack. If a neighbor’s tree falls on your car, they may be at fault. Trees Damaged by a Hurricane in Connecticut? What if, instead, it is your neighbor’s tree that fell? Mushroom growth on the roots or bark can also signal trouble. The Town came and cut down half the tree to clear out the road. If the invading roots or branches cause serious harm to the neighbor's property or threaten to do so, the neighbor may sue. This is a personal account of what one might do when a large piece of a tree falls into a neighbor’s backyard. CT Tree Laws: You Might Be Liable if Your Tree Falls On a Neighbor’s... INFOGRAPHIC: Why Tree Trimming & Removal Are Essential for Homeowners. Again, if you’re not sure if a tree needs maintenance, it’s probably best to get a tree consultant to assess the risk. So long as the tree trunk is wholly in the neighbor's yard, it belongs to the neighbor. And, once the storm passes, you may be wondering whether your homeowners insurance will help pay for the cost of removing the branches or repairing damage if the tree fell on your home.. But what you can do is express concern that his or her tree is at risk of damaging your property the next time a … My neighbors tree fell down in my yard during a wind storm. We understand navigating these questions can be stressful, that’s why we have the answers. See what separates us from the competition with a personalized home insurance quote. (Dreamstime) By Ilyce Glink and Samuel J. Tamkin. Hopefully, this is a question you’ll never have to ask. Preventive measures matter when it comes to trees. Who is responsible for the damage, you or your neighbor? Updated: September 2019. The specifics of every case are different though, it these things often come down to one person’s word against another. 06067, Contact According to common law in Connecticut, it’s your legal responsibility to make sure that the trees on your property don’t pose an “unreasonable danger” to others. Watson Treeworks in Rocky Hill provides tree consulting, trimming, removal, cabling and bracing, and other tree services across the state. If the tree is on the property line, both property owners share the value of the tree and are responsible for upkeep on their side of the boundary line. Start by looking for signs of distress such as dead limbs, cracks in the trunk or major limbs, leaning to one side and branches that are close to a house or power line. Call during regular business hours to set up an appointment. Saturday: CLOSED Rocky Hill, CT But there are a number of scenarios where you, the homeowner, could be held liable, like if you knew the tree was dying and didn’t do anything about it before it fell over. Who pays? A lot of people call us and say, hey, this tree fell from my neighbors house into our yard, and I want you to give us an estimate and we’ll give it to them. This is according to the precedent set by McCrann v. Town Planning & Zoning Commission, 161 Conn. 65 (1971). The same is true in reverse: If a tree on your property falls in your neighbor’s yard, your neighbor should contact his or her insurance company to determine what type of coverage is available for damage or cleanup in their yard. Under Connecticut case law, if a tree is growing on one person’s land but its branches or roots encroach on a neighbor’s land, the neighbor can cut off the branches or roots up to the line of his or her land (see McCrann v. Town Planning & Zoning Commission, 161 Conn. 65 (1971)). When a tree falls over onto a neighbor's property, that neighbor should submit a claim to his or her insurance company immediately. For instance, if an otherwise healthy tree is knocked down by a natural disaster such as a hurricane, you likely won’t be liable for any damage it causes, since there was no negligence on your part. ERIE long term care products are not available in the District of Columbia and New York. Complete the from below to find a local ERIE agent and get started. (Again, talk to your insurance agent and a claims adjuster first and take a few photos of the fallen tree on your car.) The insurance products and rates, if applicable, described in this blog are in effect as of November 2019 and may be changed at any time. If so, you can lop off the offending limbs as long as you go no farther than the property line. In that situation, you may be wondering what to do about the damage to … For a more professional account, you can read this article about fallen tree removal. However, if you can demonstrate that the damage to your neighbor’s property was caused by an “act of god,” you may be able to avoid liability. Make sure to take some photos to document what happened. Picture this nightmare scenario. Perhaps he or she did not take care of it. Good news: Homeowners insurance from ERIE typically pays for the cost (subject to sublimits) of removal of fallen trees if it’s due to a covered peril, such as a storm. However, that is not necessarily true. It’s possible for you to be held responsible for resulting damage to your neighbor’s house or property, if your tree falls due (in whole or part) to your own neglect. In most cases, neighbors are able to work things out without too much trouble. If you were unaware of the tree’s condition then you are not liable for the damages to your neighbor’s property. My Neighbor’s Tree Fell on My Car. Richard Hastings , Neighbor Posted Tue, Jul 19, 2011 at 5:50 p m ET | Updated Fri, Jul 22, 2011 at 5:34 a m ET However, you may want to be careful in so doing. If the trunk of a tree is located in your neighbor’s yard, but branches extend onto your property, the neighbor is the legal owner of the tree. Sometimes it takes just one good storm to topple what was once a sturdy tree in your yard. Get in touch for a consultation. The same is true in reverse: If a tree on your property falls in your neighbor’s yard, your neighbor should contact his or her insurance company to determine what type of coverage is available for damage or cleanup in their yard. ERIE® insurance products and services are provided by one or more of the following insurers: Erie Insurance Exchange, Erie Insurance Company, Erie Insurance Property & Casualty Company, Flagship City Insurance Company and Erie Family Life Insurance Company (home offices: Erie, Pennsylvania) or Erie Insurance Company of New York (home office: Rochester, New York). CT Tree Laws: You Might Be Liable if Your Tree Falls On a Neighbor’s Property, tree consulting services like those offered by Watson Treeworks, Tree Care Through the Fall in New England. Make a claim through your insurer for tree damages to your property, even if the tree was rooted in your neighbor’s yard. Your neighbor could be liable if they made a conscious choice to change something on their property that made it more likely for the tree to fall. Not sure if a tree is in danger of falling on yours or a neighbor’s property? During a severe “downburst” storm last fall, another large, healthy tree in my back yard was literally snapped like a twig at a point about six feet above ground, where the trunk was about fourteen inches in diameter. If, as a result of your own negligence while performing construction on your property you knock over your own tree, you will likely be held liable for the damage to your neighbor's property. With high winds and falling trees reported across the state this week, there’s bound to be some pretty significant storm cleanup going on in Connecticut in the following days. There are some things to consider if you have a problem with a tree on a shared property line: A windy storm blows through and your neighbor’s tree falls into your yard. Does a neighbor’s tree hang over the property line onto your land? Learn who is on the line when a tree falls in a neighbor's yard. The usual means for notifying the tree’s owner, according to this view, is for the second neighbor, the one who has the concern that the tree is about to fall, to hire an arborist to determine that the tree is likely to be a problem and then let the first neighbor, the tree’s owner, know that there is the potential for a problem. April 3, 2019 at 12:00 p.m. UTC. The companies within the Erie Insurance Group are not licensed to operate in all states. It’s recommended that you call your claims adjuster before you contract to have the tree removed. If you have a legal issue pertaining to issues mentioned in this article, consult a lawyer immediately. watsontreeworks@gmail.com It’s 1:00 AM. The 9 Best Driveway Games for Your Family, How to Protect and Preserve your Family Photos. Who Covers Damages Caused By a … Mon-Fri: 8:00-4:00 Now what? It was updated in 2019 with additional information. 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