WHO IS RESPONSIBLE FOR A VIRGINIA BEACH FALLEN TREE?

Posted by Kyle Webster on July 22nd, 2022

Virginia Beach trees not only beautify your home but healthy, well taken care of trees can also increase the value of your house. But, if a Virginia Beach tree or large branch falls it can potentially cause damage, personal injury, or at the very least create a disruption that no homeowners are eager to take care of. So after a Virginia Beach tree falls, who is responsible for the cost of everything? Who is liable in the event a tree falls and damages home or injures someone? Does your neighbor need to have a Virginia Beach fallen tree removed, or do you? 

WHO IS LIABLE FOR A VIRGINIA BEACH FALLEN TREE?

There are a few things to keep in mind before you can determine who is liable for covering the costs of damage caused by a Virginia Beach fallen tree and its removal:

WHAT WAS THE CAUSE OF THE TREE FALLING IN VIRGINIA BEACH? 

There are several factors that can contribute to a Virginia Beach tree falling, and while some are easily out of our control, other situations of tree falling in Virginia Beach are completely avoidable with proper tree care. 

• Natural Causes: These include several environmental phenomena, such as high winds, snowstorms, hurricanes, or several other natural and unavoidable events.
• Negligence: This refers to any instance where a Virginia Beach tree was not properly taken care of. This may include not having a tree trimming services Virginia Beach, or ignoring the signs of a pest infestation, or failing to make sure the Virginia Beach tree is in good health. 

WHO OWNS THE VIRGINIA BEACH TREE

If your home is close to your neighbors, or if there are several Virginia Beach trees surrounding your landscape it might not be completely obvious who owns the tree.  

• It is Your Tree: Any Virginia Beach tree trunk that grows within the boundary lines of your property is considered your property. Regardless how much of the tree grows onto your neighbor’s property, if the tree trunk is rooted on your property, you own it.
• It Is Your Neighbors: If the tree trunk is rooted within the boundaries of your neighbor’s property, then the tree rightfully belongs to them.
• Shared Tree Ownership: If the trunk of a tree grows directly on the property line, or in between the two properties as a “boundary tree”, both you and your neighbor share ownership and responsibility of the tree.

WILL MY HOMEOWNERS INSURANCE COVER VIRGINIA BEACH FALLEN TREES?

While it will certainly fall on the sole discretion of the homeowner’s insurance company, there are several factors that can influence if your insurance will cover the associated costs with a Virginia Beach tree falling on your property:

• You’re Typically Covered: If the tree fell resulting from natural causes, yes your insurance will most likely cover the cost of Virginia Beach tree removal and damage. In addition, if a tree from either your property or your neighbor’s property falls due to natural causes resulting in damage to a shared fence, your Virginia Beach homeowner’s insurance will normally cover 50% while your neighbor’s insurance covers the other 50%.
• Not Typically Covered: If the tree fell resulting from negligence such as lack of care and maintenance, no your homeowner’s insurance will most likely not cover any costs associated with clean-up, removal, or even repairs.

WHOSE RESPONSIBILITY IS IT IF A NEIGHBOR’S TREES FALLS ON MY VIRGINIA BEACH PROPERTY?

There are several factors that could affect how situations like this should be handled. Fortunately, in most instances, determining who is responsible is typically uncomplicated:  

• You Are Responsible: If unavoidable situations lead to a tree from your neighbor’s property falling onto yours it is your responsibility to have the Virginia Beach tree removed. You will need to contact your homeowner’s insurance but they will likely cover all the costs associated with any of the aftermath. 
• Your Neighbor Is Responsible: If a tree falls onto your property due to your neighbor’s negligence, they will be held liable for damages and be responsible for any costs associated with having it removed. 

WHOSE RESPONSIBILITY IS IT IF A TREE ON PUBLIC LAND FALLS ONTO MY PROPERTY?

If a tree from a nearby recreation area, or any other public owned land, falls on your property, typically community officials are responsible for having the tree removed and all the costs associated with its removal. But you will likely need to rely on your homeowner’s policy to cover the costs associated with fixing any damages that occurred to your home or property. 

CAN I REMOVE A VIRGINA BEACH FALLEN TREE MYSELF? 

No. Tree removal in Virginia Beach is one of the riskiest tasks to undertake if you lack proper training and experience. While a DIY attitude may seem tempting, successfully removing a tree is a complex procedure that requires in-depth training, specialized equipment, and proper licensing. 

If you attempt to remove a tree on your own, or if you hire a person without the proper licensing instead of a professional arborist, you will be held personally liable for any damage or injury resulting from the removal, transportation, or disposal of the tree.

CONTACT THE HIGHLY TRAINED EXPERTS AT TRACSTAR FOR VIRGINIA BEACH TREE REMOVAL SERVICES 

When determining who is responsible for a fallen tree you will need to consider what caused it to fall and who the tree belongs to. The best way to avoid the hassle of dealing with tree failure is to work with a Virginia Beach tree care professional to guarantee the health, safety, and beauty of your home for years to come. Contact Tracstar Tree Experts to schedule a free no-obligation quote.