Who is responsible if neighbor’s tree falls on your home in Kansas? What to know

If a neighbor’s tree falls on your home, or if fallen branches make a dent in your property, you will likely wonder who is responsible for clean up and damages.

And while you may hope someone else’s insurance will pay for what could turn into costly repairs, that is usually not the case.

“Generally, the responsibility for covering the damages from a fallen tree or branch goes to the insurance policy covering the damaged property, regardless if the tree was located on the property or not,” a spokesperson with the Kansas Department of Insurance told The Wichita Eagle.

Several popular insurance providers also say tree damage to houses and structures is typically covered by the property owner’s homeowners insurance, including Allstate, Farmers Insurance, Geico, Progressive and State Farm.

“When a neighbor’s tree damages your property, or your tree damages theirs, coverage usually doesn’t depend on who owns the tree,” Geico says. “In most cases, the affected homeowner’s policy will handle the damage, as long as it’s caused by a covered peril.”

This means a homeowner who files a claim would typically only need to pay their insurance deductible.

What about dying or neglected trees?

But the situation can get tricky if the tree was neglected or not being maintained properly, the Insurance Department spokesperson said. In these cases, the tree’s owner may be liable for damages.

“If the tree fell because it was dead and rotting, you might possibly make a case that your neighbor is responsible for any damages due to negligent upkeep,” Farmers Insurance says. “Keep in mind, this is very difficult to prove and would require documented proof that you had asked the neighbor to remove the dead tree before it eventually fell.”

Similarly, if your own dying tree falls on your property, you may not be covered.

“If the tree was rotting and ready to fall before the storm, homeowners insurance likely would not cover the damage the tree caused to your home,” Allstate says.

Because home insurance policies can vary, and because each situation is different, the state Insurance Department recommends reviewing your policy and properly maintaining any trees on your property.

If you run into trouble when filing an insurance claim, you may contact the Insurance Department’s Consumer Assistance Division at 785-296-3071, by email at kdoi.complaints@ks.gov or online at insurance.kansas.gov.