When severe winds cause trees, branches or large tree limbs to fall, a common question is “who is responsible for removing the damaged tree, or fallen limbs”? In the case of an Act of God, or storm damage situation that is beyond anyone’s control, each property owner is responsible for removing trees, or fallen limbs on their property. So, if your neighbor’s tree falls into your yard and smashes two of your windows and damages your roof, then it is likely you will have to file a claim with your homeowner’s insurance policy to pay for the cost of removing the tree and repairing your property.
However, tree owners are responsible for maintaining the condition of their trees. If your neighbor has a sick, dead, or unhealthy tree that has become a hazard, your neighbor may be liable for the damage done to your property. But, if the tree that fell on your property was generally healthy, then it is likely that you or your insurance company will be liable for the removal of the tree and any associated repairs to your property.