Permits and Law

My Tree Fell on My Neighbor’s House

Not really. But, that is the foundation for this article. What are the implications if my tree falls on my neighbor’s house? There are two aspects to consider here: the law and insurance perspective.

In Texas, insurance companies typically consider falling trees to be an act of god and not a liability to any individual. The bottom line is whom-ever’s stuff gets smashed, they (or their insurance) is responsible for repairing the damage.

There is no written legal law regarding trees. Only legal precedent. The precedent is what I just discussed regarding insurance. The only loophole would be if an arborist inspected the tree, prepared a formal report determining that the tree was unsafe and needed to be removed, and then the insurance company got their hands on that report. I’ve never seen this happen and can’t imagine how it would ever happen.

If you have a tree on your house, the most important thing is to take pictures, call your insurance company and get the tree removed asap. It’s important to understand the law in these situations, but safety is definitely most important.

Common questions

Who pays when my tree falls on my neighbor’s house?

In Texas, insurance companies typically consider falling trees to be an act of god and not a liability to any individual. The bottom line is whom-ever’s stuff gets smashed, they (or their insurance) is responsible for repairing the damage.

Is there a law that says who is liable when a tree falls?

There is no written legal law regarding trees. Only legal precedent. The precedent is what I just discussed regarding insurance.

Could an arborist’s report make me liable for my tree falling?

The only loophole would be if an arborist inspected the tree, prepared a formal report determining that the tree was unsafe and needed to be removed, and then the insurance company got their hands on that report. I’ve never seen this happen and can’t imagine how it would ever happen.

What should I do first if a tree falls on a house?

If you have a tree on your house, the most important thing is to take pictures, call your insurance company and get the tree removed asap. It’s important to understand the law in these situations, but safety is definitely most important.

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