Real estate Q&A: Who should pay to fix storm damage caused by neighbor's overgrown tree?

Q: During the recent storm, my neighbor’s overgrown tree was knocked over, destroying our fence and clipping our roof. It will cost quite a bit to repair it, and I think my neighbor should pay for it. I warned him the tree was too large. Also, who should pay to remove the tree from my yard? —Celine

A: Your first step in dealing with this problem is to secure your house. If the tree caused a hole in your roof, make sure to tarp it to prevent further damage. You are responsible to ensure the problem does not get worse.

Next, call your homeowner’s insurance company and make a claim. Even though you feel it is your neighbor’s fault, you could jeopardize your coverage if you do not notify your insurance company and follow their guidelines.

Based on your policy, your insurance company may pay for the repairs and seek reimbursement from your neighbor. This is called “subrogation” and is a right given to insurance companies in most, if not all, of the insurance policies I have reviewed.

Based on your insurance contract, you probably agreed that your insurance company would pay for the repairs and, in turn, they would take over your rights to try to collect from your neighbor for any wrongdoing.

If you do not have coverage for this, you may have to pursue your neighbor directly. Since the tree was on your neighbor’s property, they are responsible for maintaining it at least well enough that it does not become a problem for their neighbors.

If the tree was reasonably maintained and fell because of a storm, the neighbor whose home was damaged, in this case, you, will be responsible for the repairs. While this may seem unfair, it is how the law works in this regard.

However, the law will not protect a tree owner who does not maintain thier tree. If the tree that fell on your property was unhealthy or not properly maintained, your neighbor will be liable to pay for the repairs.