There are instances of a tree falling on the nearby property. It can be alarming and unsafe, and if it tumbles on your neighbour’s property, it can be even trickier. Many ask questions about who is more responsible when a tree branch or the tree itself falls on a neighbour’s yard.
The legal assistance on this matter can cost a lot, and such disputes result in higher insurance rates. Then concludes that the property line would be a determining aspect to solve such legal disputes.
What does property line mean?
Property line is defined as the boundary line between two properties. These mark the boundaries of a property where the owner can install features such as fences, pools and home additions.
How does it work?
Your home’s property lines, which includes what is above vertically, determine who is responsible for the tree. An example of this is if the tree is in your yard but leans over the neighbour’s yard, then your neighbour is allowed by the law to do tree trimming and tree cutting up to the property line.
If a neighbour’s tree falls on your home, fence or yard, your neighbour will be liable for the damages on your shared property line, but only if you can prove he was aware that his tree was a hazard and declined to fix the problem.
However, your insurance company will handle the restoration of your property first. Later, it will decide whether or not to pursue reimbursement from the neighbour or his insurer if the neighbour was careless in maintaining the tree.
There is also an exception in this situation. For instance, if the neighbour already notified the tree owner in writing and the insurance company knew the hazard, the tree owner will be responsible for both sides of the line.
So, before your tree becomes unstable and indicates a risk of falling, better contact an arborist consultant to help you determine its health, this way, you won’t get into any dispute with your neighbour. As a homeowner, you must be aware of property lines so that you can respect your neighbour’s property and avoid any legal conflicts.