Roots of Liability: Managing Your Property’s Trees This Arbor Day
Friday, April 24, 2026, is Arbor Day, a day dedicated to planting and celebrating the trees that provide shade and beauty to our homes. However, from a Homeowners Insurance perspective, trees are often the center of one of the most common neighborhood disputes: Who pays if my tree falls on your house?
- The “Act of God” vs. Negligence
If a perfectly healthy tree falls during a sudden windstorm, it is generally considered an “Act of God.” In this case, the insurance company of the person whose property was hit usually pays for the damage. However, if your tree was dead, rotting, or leaning dangerously—and you did nothing about it—you could be found negligent. In that scenario, your insurance may have to pay for the neighbor’s damage, and you could see a significant rate increase.
- The Power of the “Arborist’s Report”
This Arbor Day, don’t just plant new trees; audit your old ones. Hiring a certified arborist to prune dead wood and check for “root rot” isn’t just good for the tree—it’s excellent documentation. If a storm later brings the tree down, having a recent report proving the tree was healthy is your best defense against a negligence claim.
- Planting the Right Way
When planting new trees this week, consider their “mature size.” Planting an oak three feet from your foundation or under power lines is a future insurance claim in the making. Give your trees—and your foundation—the space they need to thrive.