If you see a downed tree on or near your property after an overnight storm, you might want it removed fast. But who is responsible for removing a fallen tree? Professionals providing tree services in Odessa, TX, are here to help.
Learn how the tree’s original location and condition both play a key role in who should be handling fallen tree cleanup.
Healthy Trees That Fall Might Not Generate Liability Claims
If the plant did not previously show any signs of health problems, the fall is considered an “act of God” by insurance companies. This means that the owner of the property where the tree was standing could not have anticipated that it would fall and wouldn’t likely bear any responsibility for it. Common situations where this would apply include windstorms and lightning strikes.
Who is responsible for removing a fallen tree that was originally healthy? Fallen tree removal guidelines usually dictate that the owners of the property where the tree landed are responsible.
What About Trees That Were Already Damaged?
When a tree shows noticeable signs of damage, the property owners have a responsibility to remove it before it has a chance to fall in a storm or from decay.
Determining Whether a Tree Had Damage Before Falling
How can you tell if a tree is going to fall? Dangerous trees may have problems that include:
- A significant lean
- Trunk damage or cavities
- Multiple dead limbs
- Clear insect damage
- Exposed roots with fungus on them
- Splits in the trunk or major limbs
If you believe a neighboring tree is dangerous, you should report it to the property owner and make a note of it. After the tree falls, it’s more difficult to claim that the tree had damage if you hadn’t previously reported it to the property owner as dangerous.
If you own the property where a dangerous tree exists, call local arborists for help with treating or removing it.
The Location of the Damaged Tree Plays a Key Role in Determining Responsibility
If the tree was damaged beforehand, who is responsible for removing it when it falls? In that case, the person or entity that owns the property where the tree stood before falling should be responsible for cleaning up the mess and paying for damages. If the tree straddled the property line, both property owners would be equally responsible.
The location of the trunk determines which property owner is responsible. If the trunk is on your property but the majority of the tree is hanging over your neighbor’s land, you’re still responsible.
Your Insurance Company Might Be Able To Help
You should call your insurance company after a tree falls on your property. The insurer may at least partly pay for removal or any damage you have. If a neighbor or a public entity should be responsible for paying for the cleanup but is refusing to pay, the insurance company might have more luck convincing the other party to take responsibility.
Stevens Tree Service Will Assess the Downed Tree and Provide Advice on the Appropriate Steps To Take
Understanding who is responsible for removing a fallen tree can be a confusing prospect for some homeowners. When you need the downed tree removed quickly, you may want to pay for emergency tree services yourself and sort out who is responsible later.
Concerns over property owner liability are among the most common tree removal questions we receive at Stevens Tree Service. We’ll assess the situation and advise you. Call us today at (727) 734-8733 for a free cost estimate and immediate service.