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If your neighbor’s tree falls on your property, who is responsible? The answer might surprise you
Iowa

If your neighbor’s tree falls on your property, who is responsible? The answer might surprise you

An insurance expert addressed a widespread concern about tree damage following Tropical Storm Debby that has generated significant interest among our readers.

Two of the most viewed videos on News4JAX.com feature trees falling on someone else’s property: one on a car and another on a house.

The big question: Who will pay for the damage?

The answer might surprise you.

Matt Carlucci, a State Farm insurance agent and city councilman, sheds light on this topic, explaining that he often receives questions about storm-related tree damage during hurricane season.

In Jacksonville, strong winds and heavy rains often cause trees to fall, resulting in significant financial damage.

RELATED: Residents and emergency responders across Jacksonville help clean up after Debby

Carlucci said responsibility for tree damage depends on two factors: whether the tree was dead or whether the incident is considered an “act of God” by state lawmakers.

“If you’re negligent in cutting down a dead tree and it falls on someone’s property, you’re liable,” Carlucci explains. “But if it’s just a green tree, my insurance would take care of my side of the property line, and your insurance would take care of everything on your side.”

Carlucci advises homeowners to be proactive if their neighbor has a dead tree that threatens their property. The first step is to talk to the neighbor and ask them to remove the tree. It’s important to document this conversation.

If the neighbor refuses, Carlucci suggests taking photos of the tree and sending the homeowner a certified letter informing him that he will pay for any damages if the tree falls.

Another common question concerns branches from a neighbor’s tree that extend onto your property.

Carlucci confirms that you have the right to trim those branches up to your property line. Additionally, if a tree is located directly between two properties, both homeowners are equally responsible for the tree.

By understanding these guidelines, homeowners can better manage the complexities of property damage caused by falling trees during storm season.

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