Who Is Responsible When A Tree Falls

by Hilton Head Real Estate Partners June 15, 2013 0 comments
Hilton Head Island Community Info, Home Buyer Resources, Home Seller Resources

Trees and tree limbs can fall due to a tornado, hurricane, or just old age and bad health.

Homeowner’s insurance policies may cover some damage and tree removal, but there are certain questions that will be asked to determine which homeowner (and which insurance company) is responsible.

Live, health trees – Each homeowner is responsible for his/her own damage and cleanup, regardless of where the tree trunk is. No one can predict or prevent a tornado or hurricane. This is a damage claim, so the deductible would apply first.

Old, dying, diseased trees – Each homeowner should regularly trim or remove the portion of the tree on his/her property AND should notify the neighbor in writing if an unsafe tree is a potential danger to neighboring properties.

Neighbors do not have the right to go onto other neighbors’ property without permission, even to trim or remove a dangerous tree.

However, giving notice of the unsafe condition will help recover insurance proceeds, possibly even from the neighbors’ insurance company. This is a liability claim, so there is no deductible.

by Hilton Head Real Estate Partners June 15, 2013 0 comments
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