Who pays for damage if a neighbor’s tree falls into my yard?

I rent my house and my landlord had to pay for the neighbor’s tree to be removed because the neighbor said his insurance claim was denied because a tree falling is considered an

Asked on March 5, 2017 under Real Estate Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends. Was the tree healthy? If it was dead, dying or otherwise compromised and your neighbor knew/should have known of this condition, then they were negligent for not maintaing the tree or cutting it down. Accordingly, they wold bear laibility for any resulting damages. If, however, the tree was otherwise healthy an an "act of god" was the reason that it came down, then they bear no responsibiltiy for the damage. You have to bear the costs. Since his insurer is unwilling to pay, if you feel that you have a proveable claim, you can file suit against your neighbor in small claims court.


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