Trees are a tremendous asset to your property but can damage a neighbor’s property when they fall or branches break off. Trees can quickly end up in a neighbor's property in dense urban areas like Doylestown or on Patriot Drive in Chalfont. We field many questions about who is responsible for removing a tree or paying for repairs after tree damage.
In this article, we will examine the laws in Pennsylvania regarding neighbor’s trees. We’ll explain who is responsible for cleanup, damages payment, and what to do when a tree falls on your property or damages your yard.
Key Takeaways
- The Pennsylvania Superior Court has ruled on the responsibility for a neighbor’s trees in Barker v. Brown and Jones v. Wagner.
- If a neighbor’s tree is in good health and uproots on your property, you are responsible for paying to remove it and clean up the damage.
- If you can prove your neighbor should have been aware of a risk in the tree and negligence was involved, you may be able to file a claim against them to recuperate the costs of removing the tree.
- Do not attempt to remove a fallen tree by yourself, as the work is dangerous and best left to a professional tree care company who have the proper equipment and training to handle the job.
- You should contact the local municipality if your tree falls on a public street.
Frequently Asked Questions About Tree Damage Responsibility
Knowing the laws will allow you to protect yourself and make informed decisions if you have trees on your property or live near a neighbor with trees.
Who’s responsible for removing a tree when it falls on a neighbor’s property in Montgomery and Bucks County, PA?
Precedent for a homeowner’s responsibility to their neighbors comes from a 1975 case in the Superior Court of Pennsylvania: Barker v. Brown. The case centered around a landowner bringing a suit against a neighbor after a large tree fell onto the plaintiff’s land and damaged two additional trees.
The court’s decision stated a property owner has a duty to keep trees that can harm others outside of their land in good health. If a tree falls into someone’s yard due to neglect or a defective tree, the owner of the tree would be responsible for cleanup and liable for damages.
A property owner would have to prove that a tree was in poor shape and that their neighbor should have been aware of any dangerous defects that could have caused it to fall. These cases are often rare, as they are difficult to prove.
Liability will also factor in whether the owner should have reasonably had any idea that the tree would fall. For instance, if the homeowner is an arborist, they would likely be held to a higher standard for knowing when a tree posed a danger to neighbors than a layperson who does not know much about trees and is not outside much.
PRO TIP: Want to learn more about hazardous and dying trees? Check out some of our previous articles on the topic:
What should I do if my neighbor’s tree falls in my yard?
If your neighbor’s tree falls onto your property and causes damage, you’ll want to contact two entities: a tree care company with an arborist and your homeowner’s insurance company.
An arborist can determine if the tree was decaying or demonstrated signs of danger before the uprooting or if it was a healthy tree that was uprooted through “an act of God.”
Your homeowner’s insurance company will help reimburse you for the cost of removal and cleanup if your neighbor was not at fault.
Can I remove a fallen tree myself?
Fallen tree removal is something you should never try yourself, as it’s best left to the professionals. Fallen trees can still be dangerous, and you likely won’t have the necessary equipment and skills to remove the tree while minimizing any further damage.
Trust a reputable tree removal company to handle the job instead.
What should I do if my tree falls into the street?
If a storm causes your tree to fall on a public road, contact the municipality for instructions. The local municipalities own some roads in Pennsylvania, while others are under the Commonwealth's purview.
Clauser Tree Care Can Help with Fallen Tree Removals in Montgomery and Bucks County
It’s never a happy sight when you see a neighbor’s tree land in your yard and damage your landscape. Knowing your legal rights will protect you and allow you to understand the best course of action when a tree falls or broken branches damage your property.
At Clauser Tree Care, we can assist you with removing a tree that has fallen onto your property. We’ll remove the tree and clean up the debris efficiently and safely to minimize any further damage to your yard and allow you to begin making plans for how to repair anything damaged and return your property to its previous beauty. Call us at 215-542-8291 or request a quote online to start your tree service today.
About Clauser Tree Care
From who you talk to on the phone in our office, to our courteous and experienced work crews who provide your service, all of the hard-working team members at Clauser Tree Care strive for complete client satisfaction. Our job is simply not done until you are pleased with the experience that you have had working with our company. Founded more than 25 years ago on the principles of honest work and arboricultural best practices, we strive for a higher standard of care for a greener future.
