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

Who pays for storm damage when trees fall on your property?

JACKSONVILLE, Fla. – An insurance expert addressed a common concern about tree damage following Tropical Storm Debby, which has stirred up a lot of interest from our readers.

Two of the most-watched videos on News4JAX.com highlight trees falling on another person’s property: one onto a car and another onto a house.

The big question: Who pays for the damage?

The answer may surprise you.

State Farm Insurance Agent and City Councilmember Matt Carlucci shed light on this issue, explaining that he frequently receives questions about storm-related tree damage during hurricane season.

In Jacksonville, high winds and heavy rains often cause trees to fall, leading to significant financial damage.

RELATED: Residents, crews across Jacksonville cleaning up in the aftermath of Debby

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

“If you’re negligent in cutting down a dead tree and it falls on somebody’s property, you’re going to be 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 speak with the neighbor and request that they remove the tree. It’s important to document this conversation.

If the neighbor refuses, Carlucci suggests taking pictures of the tree and sending a certified letter to the homeowner, informing them that they will be responsible for any damage if the tree falls.

Another common question involves branches from a neighbor’s tree encroaching on your property.

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

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


About the Author

Tarik anchors the 4, 5:30 and 6:30 p.m. weekday newscasts and reports with the I-TEAM.

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