As colder, wetter weather approaches, prepping our homes and yards for harsh conditions becomes essential. Be it cutting back trees and overgrown branches or winter-proofing your shed or garage.
But what if a neighbor’s tall tree damages your property over time? This is a common dilemma, as a friend experienced when a neighbor’s tree kept hitting his brick outbuilding in strong winds. As a result, the tree caused notable damage to the roof and wall, which later affected its structural integrity.
Similar to knowing if you’re allowed to prune your neighbor’s overhanging tree, what is the best way to approach your neighbor? Can you ask them to cut their tree?
Luckily, we’ve asked legal experts for advice and top tips on dealing with this tricky neighborhood issue. So before you’re tempted to get out that chainsaw, here’s everything you need to know first.
What can I do if my neighbor’s tree is damaging my property?
It’s always frustrating if you spot damage to your property, especially when it is caused by something beyond your control.
This might happen if your neighbor’s tree is leaning toward or has fallen onto your property due to bad weather.
According to experts, your first step should always be to collect clear photo evidence before taking action.
“In the case where the tree from the neighboring property is damaging your garage, the first step that one needs to take is to collect evidence regarding the damage that has been caused to the garage/property,” advises Matt Brown, Broker Associate at William Raveis Real Estate. “This can be done by taking photographs of the damage.”
“The first step that one needs to take is to collect evidence regarding the damage that has been caused ”
Matt Brown, Broker Associate at William Raveis Real Estate
So, how can you tell if the damage is minor and can be easily fixed, or if it points to broader structural issues?
“I would advise having an arborist or a professional who works with structures examine the property to determine whether the problem is coming from the roots of the tree, the branches, or some other cause,” explains Brown.
“Having an opinion of a professional would help identify the cause of the problem and prevent future damage.”
How do I approach my neighbors?
Approaching a neighbor with such a complaint can feel awkward at the best of times. However, speaking with them as early as possible is the best way to prevent a potential dispute. Plus, they might be co-operative in finding a resolution or even taking action to cut back their tree to minimize damage.
“Communication with your neighbor is also important,” advises Brown. “You should try to talk to him at an early stage. Present the whole situation to them calmly and let them know about the evidence collected by you. Discuss the solutions that can be adopted so that things do not get out of hand.”
Additionally, if you suspect major damage, will your home insurance cover the costs? “Regardless of the tree’s origin, your insurance policy would likely provide coverage,” states Andreas Study, section lead for insurance claims at Farah & Farah.
“If the damage is documented, then you can remove any tree debris on your property. However, in an ideal situation, you want to allow the insurance company to inspect both the tree and the damage before completing repairs.”
“Your insurance company has 60 days to make a claim decision. Your insurance company may file a subrogation action to collect money from your neighbor or their insurance company.”
Of course, you don’t want to let it get to the legal dispute stage, and so having a calm and open conversation with your neighbor is always recommended (if you want to get along!).
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