Pennsylvania Homeowners: If Neighbor’s Tree Fell and Damaged my Property, who is liable?

You are a homeowner in Pennsylvania and your neighbor’s tree fell and did damage to your property. According to Pennsylvania law it will depend upon the ordinances of the county that you reside in. Pennsylvania states, "The general thinking, is that a property owner is not liable for anything outside their property line". The neighbor whose property was damaged, by a tree has the right to remove that tree, but if they want to pursue the matter for litigation they will probably not see success. If you and your neighbor would agree to share costs on the clean up, it will probably be the best option for everyone. Insurance companies do not normally pay to have a fallen tree hauled away and cleaned up.

Pennsylvania law states that if a neighbor’s tree falls on your property and causes damages to any structures, you are covered against those damages. The damaged homeowner’s insurance will cover their loss, if it is an act of God. If you, as a homeowner are found to be negligent in removing an unsafe tree and it falls on the neighbor’s property causing damage, the neighbor must prove negligence. If your tree falls in a neighbor’s yard and causes no damage, your insurance will not cover you. Unless the fallen tree is due to an act of God, such as, vandalism, explosion, lightning, fire, or riot. This is why it is wise to contact your independent agent for clarification of the rules and laws.

If your tree damages a neighbor’s home by falling on a structure, that neighbor’s insurance should cover damage costs. If, because your tree fell due to negligence and this is proven then your insurance company will be liable for damages. If the neighbor’s insurance does not pay for damages then that neighbor and initiate a small claims suit in court.

Homeowners in Pennsylvania need to be aware of what is in their homeowners policy reads, and homeowners can get this special help through speaking with an independent agent. Homeowners who reside in the areas of Honesdale, Milford or Dunmore, Pennsylvania, and surrounding areas are encouraged to call for help on their homeowner’s policy.

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