Whether summer thunderstorms or Nor'easters, storms at all times of year have the potential to bring down trees in Vermont. But if your neighbor's tree falls onto your house or property, who is responsible for the damage?
Fallen trees often cause neighborly disputes. Here’s what to know about the law in Vermont, according to the Vermont Institute for Government, a nonprofit organization that provides guides about local government to Vermont citizens, and Vermont insurance agencies.
Who pays when a neighbor’s tree falls onto your property in Vermont?
Who is liable when a tree falls from a neighbor’s property depends on the circumstance, but is generally governed by common law.
If a tree was properly maintained and healthy, but was knocked over by something like storm damage, you cannot hold your neighbor responsible.
But if the tree was obviously unhealthy and it or parts of it fell over onto another’s property, the owner of the tree will be accountable for any damages and will have to pay for any losses incurred by the affected neighbor.
A tree owner can also be held responsible if it fell onto a neighbor's home when they were trying to cut down or trim the tree without professional help. This would count as being caused by the tree owner's negligence.
Can homeowners remove their neighbor’s tree?
Owners can take action if their neighbor’s tree crosses their property boundary.
That means if a tree’s roots, stem, branches or other parts interfere with or hurt your property in some way, you are allowed to cut them back as long as you don't damage the health of the tree.
"Trees near a boundary tend to hang over the line or grow troublesome roots that invade foundations or driveways," says a fact sheet called 'The Law of Trees' by The Vermont Institute for Government. "Those landowners affected by the alien tree are authorized by law to cut the offending branches or roots."
However, you cannot remove a tree on someone else's property, even if it blocks your view, nor can you pick fruit on a neighbor's overhanging tree limbs.
What if there’s a storm?
In most cases, if a healthy tree falls onto your property due to natural causes – like high winds or storms – you will have to cover the costs.
But if the tree owner is found to have been negligent – for example, by ignoring a dead, diseased, decaying or otherwise dangerous tree – they could potentially be held liable.
This article originally appeared on Burlington Free Press: Who pays if your neighbor’s tree falls on your house? What VT law says
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