During A Recent Storm, My Neighbor’s Tree Fell And Destroyed My Fence. Whose Home Policy Pays For The Damage?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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Homeowners are responsible for injury or damage to third parties that is caused by their ownership of property. In this example, your neighbor is responsible for the loss that you suffered as a result of his tree falling on and damaging your property. The same would be true your uphill neighbor’s land ended up in your backyard as a result of a mudslide.

As a practical matter, your insurance company may provide coverage to you as a homeowner and then take the subrogation rights to this loss. Then they’d seek reimbursement from your neighbor or his homeowner’s insurance company.

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