Your neighbor’s tree fell on your fence, their roots cracked your foundation, or overhanging branches damaged your roof. Tree disputes are among the most common conflicts between neighbors, and understanding who’s liable can help you decide whether you have a case—and how to resolve the situation.
Quick Answer
Whether you can sue depends on whether the tree was healthy or unhealthy and your state’s laws. If a healthy tree falls due to a storm (“act of God”), your neighbor typically isn’t liable—you’ll file with your own insurance. But if your neighbor knew the tree was dead, diseased, or dangerous and failed to act, they may be responsible for the damage.
The Key Factor: Tree Condition
Healthy Trees
If a healthy tree falls during a storm, the tree owner typically is not liable:
- Storm damage to healthy trees is considered an “act of God”
- The falling was unforeseeable and unavoidable
- You’ll likely need to file with your own homeowner’s insurance
Dead, Diseased, or Dangerous Trees
If the tree was obviously unhealthy, your neighbor may be liable:
- They knew or should have known the tree was hazardous
- They failed to take reasonable steps to address the risk
- Their negligence caused your damage
What Makes a Tree “Obviously” Dangerous?
- Dead branches or entire dead sections
- Visible rot, fungal growth, or disease
- Leaning significantly toward your property
- Previous damage from storms
- Hollow trunk or compromised root system
- Prior complaints or warnings from neighbors
Types of Tree-Related Damage
Fallen Trees and Branches
| Situation | Who’s Typically Liable? |
|---|---|
| Healthy tree + storm | No one (your insurance) |
| Dead/diseased tree | Tree owner if they had notice |
| Overhanging dead branch breaks | Often the tree owner |
| Healthy tree in mild wind | May indicate hidden problem—investigate |
Root Damage
Tree roots can cause expensive damage to:
- Foundations and basement walls
- Sewer and water lines
- Driveways and sidewalks
- Retaining walls
Root damage liability varies by state:
- Some treat roots like branches—you can cut them at the property line (self-help)
- Others allow lawsuits for “serious harm” (structural damage)
- Notice to your neighbor strengthens any claim
Overhanging Branches
In most states, you have the right to:
- Trim branches that cross your property line
- Cut them back to the property line (not beyond)
- Bear the cost of trimming yourself
Limitations:
- You cannot damage or kill the tree
- Some states require notice before cutting
- Protected or historic trees may have special rules
- You cannot enter your neighbor’s property
Steps to Take After Tree Damage
- Document everything: Photos of damage, tree condition, and property boundary
- Check the tree’s condition: Was it obviously dead, diseased, or damaged?
- Notify your neighbor: Inform them promptly—preferably in writing
- Contact your insurance: Your homeowner’s policy may cover the damage
- Get repair estimates: Documentation of costs is essential
- Consider their insurance: If they were negligent, their policy may pay
- Send a demand letter: If they refuse responsibility, put your claim in writing
- Consult an attorney: For significant damage or disputed liability
Preventing Future Disputes
Document Hazardous Trees
If you see a neighbor’s tree that looks dangerous:
- Send a written letter (certified mail, return receipt)
- Describe the tree and your concerns specifically
- Request inspection, trimming, or removal
- Keep a copy for your records
Why this matters: Written notice establishes that your neighbor “knew or should have known” about the hazard—critical for a negligence claim if the tree later causes damage.
Get Professional Assessments
- Hire a certified arborist for serious concerns
- Get a written report on the tree’s condition
- Share the report with your neighbor
- This provides evidence if damage occurs later
Check Local Ordinances
Many cities have tree ordinances that:
- Require removal of hazardous trees
- Impose fines for neglecting dangerous trees
- Allow code enforcement to order action
Insurance Considerations
Your Homeowner’s Insurance
Typically covers:
- Damage to your home from fallen trees
- Removal of trees that hit insured structures
- Fence and outbuilding damage (check policy limits)
Your Neighbor’s Insurance
May cover your damage if:
- They were negligent (knew tree was hazardous)
- Their policy has liability coverage
- They don’t dispute responsibility
What Insurance Usually Won’t Cover
- Removal of fallen trees that didn’t damage structures
- Debris cleanup beyond basic removal
- Pre-existing damage to trees
Frequently Asked Questions
My neighbor’s tree fell on my car. Who pays?
Healthy tree + storm: Your auto insurance (comprehensive coverage) typically pays.
Diseased/dead tree: Your neighbor may be liable; their homeowner’s insurance might cover it. File with your insurer first—they may pursue your neighbor through subrogation.
Can I cut my neighbor’s tree roots that are damaging my property?
In most states, yes—you can cut roots up to your property line. However:
- Be careful not to destabilize or kill the tree
- You may be liable for tree damage from excessive cutting
- Consult an arborist before cutting major roots
- Document the damage the roots are causing first
Who removes a fallen tree?
Tree on your property only: Your responsibility (or your insurance if it hit a structure).
Tree on both properties: Each owner handles the portion on their land.
Their tree on your property: They should remove it. If they refuse, you may need to remove it and seek reimbursement.
Can I make my neighbor remove their tree?
Generally not, unless:
- It violates a local ordinance
- It constitutes a nuisance under your state’s law
- It poses an imminent danger (you may get a court order)
Your primary remedy is usually self-help (trimming to the property line).
What about leaves, fruit, and minor debris?
You typically cannot sue for natural leaf fall, normal fruit drop, or minor debris. These are considered natural consequences of living near trees.
When to Contact a Lawyer
Consider consulting a property attorney if:
- Significant structural damage occurred
- Your neighbor refuses to cooperate or make a claim
- You gave written notice of a hazardous tree that later caused damage
- The damage exceeds small claims court limits
- There’s a dispute over property lines
- Root damage is affecting your foundation
For smaller claims, small claims court may be an efficient option. An initial consultation can help you understand your rights and whether litigation makes sense.
