If my tree falls on a neighbour's house, who is responsible in Canada?

Storms are unpredictable and can cause a lot of damage. This is especially true if a tree falls down. The worst-case scenario might pop into your head if a tree falls on your neighbour’s house because you’ll be left wondering who will be held responsible. This is a dilemma that many will face when living in Atlantic Canada. After all, the East Coast is known for its destructive storms that can cause a lot of damage.

If your property or vehicle has been damaged by a storm in Atlantic Canada, check out our claims advice page. Unsure about what’s covered by your insurance policy? Contact your Atlantic BrokerLink broker. You’ll likely have a lot of questions if a tree falls on your neighbour’s house or if a neighbour’s tree falls on your property. Let us break this scenario down for you in our comprehensive guide.

Insurance coverage for fallen trees

After a tree falls, you might wonder how you’re supposed to pay for the damages. Most of the time, your homeowner’s insurance policy will provide the coverage you need. Your policy can help pay for home repairs and additional living expenses if you have moved out of your home during the repair process.

Should you file an insurance claim? The answer to this question will vary depending on the extent of the damage. If a small tree breaks a window and the cost of removing the tree is less than your deductible, filing an insurance claim doesn’t make sense. Doing so will likely increase your home insurance rates. For further information, review our home insurance vs. homeowners insurance guide.

In contrast, you should make an insurance claim if a tree falls and lands on your roof. Paying for severe damages out of pocket can add up especially if there ends up being structural damage to your property. That’s why you should get in touch with your home insurance company as soon as possible when this happens. Then, you can claim home insurance tax deductibles the following year.

When a fallen tree doesn’t damage your property

Sometimes, trees can fall and not damage your property. For example, if a fallen tree lands in front of your house but doesn’t damage your home, your insurance company will not help pay for the removal costs. Home insurance protects you against the costs of damages that occur as a result of unexpected circumstances like fire and floods. It’s up to you to maintain your property, and this includes cutting dead trees to stop them from falling on your property.

However, if the tree lands on the streets or on power lines, your municipality can assist you. Call the city if this happens. On the other side of things, you should contact emergency services if there is a fire or another form of danger.

Even though it may be considered beyond your property line, your insurance company may be able to help you pay for the removal costs. However, this is at their discretion and depends on the perils your policy covers. Ask your insurance company about these specific scenarios if you’re unsure about what to do.

Fallen trees can be dangerous and cause a lot of damage. Property damage caused by fallen trees can add up, which is why you should be prepared for all situations. Trees growing close to your property line can pose a threat to your neighbours as well. Next, we will discuss what happens if your tree falls on your neighbour’s house or if your neighbour’s tree falls on your property below:

When you or your neighbour’s tree falls and lands elsewhere

Let’s say a tree growing on your property falls l on your neighbour’s home. In this scenario, your neighbour will have to make a claim with their home insurance company. Even though your tree fell on your neighbour’s property, you will not be held accountable.

However, there is an exception to this rule. If the tree fell because it was rotting or dead, the insurance company might not be able to help them. The only other option is filing a liability claim, which can cover incidents like a falling tree. If insurance coverage does not pay for the damage, your neighbour may take legal action against you.

You can be taken to court for the matter. You could be held accountable for the damages if you knew the tree was dead and did nothing to address it. This also applies if a neighbour’s tree falling damages your property in any way.

If your tree falls on a neighbour’s property and there isn’t any damage

As mentioned earlier, fallen trees don’t always cause damage. The tree fell in an empty spot in your neighbour’s yard, you will not be considered responsible as there are no damages to their property.

However, tree removal can get expensive. In some cases, an insurance company will help pay for tree removal, but this isn’t always the case. It will only be paid for if leaving the tree on the property poses additional risks.

Whether a neighbour’s tree falls on your property or your tree falls on your neighbour’s property, your respective insurance companies should help you out. That’s why having adequate coverage is essential. Who’s responsible comes down to whether the tree has been maintained or not. Next, we will explore who is responsible for additional types of damage.

Other types of damages a fallen tree can cause

Falling trees can damage more than a home itself. If anything else on your property is damaged as a result of a tree falling, you should know what’s covered. This will help you if a neighbour’s tree damages your property or if your tree damages your neighbour’s property. Below, we will discuss the various types of damage that a fallen tree can cause:

If a tree lands on a structure on a property

If your neighbour’s tree fell on your shed or guest house or the other way around, you might wonder who has to pay for the damages. When this happens, a home insurance policy can help you pay for the necessary repairs. It provides coverage for damage to your home and other structures on your property.

If a tree lands on a car

If your neighbour’s tree fell on your car or your tree fell on your neighbour’s car, your insurance company might cover the cost of repairs. However, this is only the case if you have comprehensive coverage, which is optional. When a tree falls on your neighbour’s car, they may ask you to make a third-party liability claim on your home insurance, which could cause an insurance premium increase. You don’t have to, but there may be legal repercussions if you knowingly let the tree die or rot.

Determining liability can either be easy or difficult in these situations. That’s why you should take precautions when your tree lands on your neighbour’s property. Many things can make a tree fall. That’s why you should take precautions to prevent trees from falling before a storm hits. We will explore more about this shortly.

Preventing trees from falling on a home

There are a few steps you can take to prevent you and your neighbours from having to make home insurance claims. By being aware and following our home protection tips, you can protect both properties from potential damage caused by a tree falling. Here’s what you should do:

Prune

You should prune trees on your property. Additionally, if there are overhanging branches, you should prune them if they cross over to your property line.

Cut

Look for dead and crossed branches on your trees. If there are cankers (discoloured or dips on the bark) or conks (fungi growing from the tree trunk or branches), contact a certified arborist. These are signs of internal decay.

Inspect

Examine the tree trunks to see if there are any cracks or wounds. If you notice two vertical cracks on opposite sides of the tree, the roots may be injured — you should address this right away.

Cutting trees is integral to regular home maintenance and helps prevent fires if they are struck during a storm. You can be a good neighbour by sharing these tips with your neighbour. After all, protecting your properties is a collaborative effort, especially if you have trees close to the property line. Maintaining good relations with your neighbour is essential to the process. It makes it more likely for them to help if one of their trees falls onto your property.

Get in touch with BrokerLink to find home insurance coverage today!

Finding home insurance can be intimidating. It might also seem expensive initially, but finding the right broker can save you money. You will receive advice such as reducing costs by bundling home and auto insurance policies and finding the coverage you need at an affordable rate. However, everyone calls a different place home. That’s why there are individual policies that are as unique as your home. These include:

• Condo insurance
• Tenant and renters insurance
• Vacation property and cottage insurance
• High-value home insurance

Are you purchasing or changing house insurance? Contact a BrokerLink broker to find a policy today.

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