When a tree falls in Southern Massachusetts, it can cause lots of trouble and injury. What causes the dead trees in Massachusetts? The answer depends on several things, such as the location of the tree, the reason why it fell, and whether the tree was healthy or not. Understanding fallen tree liability in Massachusetts and tree owner responsibility MA is useful, particularly in areas such as Foxborough with dense wooded lots and mature trees.
In this blog, we’ll share the basics of tree responsibility in Massachusetts, what to do when a neighbor’s tree breaks down, and what to do if a tree falls on your home. We’ll also discuss insurance coverage for fallen trees and how to prevent unexpected expenses. If you have fallen tree issues in Foxborough, you can contact KD Tree Service Foxborough MA.
Who Owns the Tree?
First, in understanding Property owner tree responsibility Southern MA, identify the owner of the tree. A tree typically belongs to the property owner on whose land it is grown. You are typically responsible for a tree that grows in your yard.
But, this can be complicated if a tree is located within a property boundary. That said, in those situations, it might be unclear who owns the tree. Sometimes the roots may extend across the property line, or the tree’s trunk may slope into the neighbor’s yard. Overall, the land on which the trunk is rooted is the tree owner, but disputes can still arise.
When Can a Tree Owner Be Liable?
Tree owner responsibility MA is important when a tree falls and causes harm. Negligence is a concern for Massachusetts law. If a tree fell because it was dead, diseased, or absolutely dangerous, and the owner knew or should have known about this risk, the owner can be liable for the damage.
For example, if a tree has visible rotting, cracks, or leaning, that suggests it may fall, the tree owner should remove or secure it. If they do not and the tree falls and damages a neighbor’s home or car, the owner may pay for the repairs.
What If The Tree Falls During a Storm?
Many trees fall in violent storms, strong winds, or extreme weather. It is therefore often the same situation in those circumstances because the tree may have fallen by a force beyond our control. This is sometimes described as an Act of God tree damage.
There is a danger that negligent behavior can be harder to prove if a tree falls during a storm. A healthy, stable tree before the storm may have been struck by weather that nobody could have prevented. It is possible that in this situation, the tree owner is liable for his/her own insurance policy, not the homeowner’s.
But if the tree was dangerous prior to the storm, the owner may still be responsible. But the key is whether or not the tree was in great condition.
Neighbor Tree Damage Law Massachusetts: What You Need to Know
One of the most common disputes in Southern Massachusetts is when a neighbor’s tree falls on another property. Neighbor tree damage law Massachusetts is complex because it often depends on the cause of the tree.
If the tree falls from a neighbor’s yard onto your property, you can assume that the neighbor isn’t responsible. Massachusetts law primarily requires proof of negligence or excessive risk. This means that you may need evidence that the tree was clearly unsafe and the owner did not acknowledge the danger.
Households are often asked to note the condition of the tree, including photos of cracks, rot, or leaning. If a professional examined the tree and found it to be dangerous, this data could be used in a lawsuit against the owner.
For more information on legal expectations and Massachusetts laws related to trees and neighbors, visit the Massachusetts law about neighbors and trees page on Mass.gov, https://www.mass.gov/info-details/massachusetts-law-about-neighbors-and-trees?utm.
What About Damage to Structures or Vehicles?
If a tree falls on a home, garage, shed, or vehicle, the damage can be huge. In these cases, the liability problem becomes even more pressing.
If the tree lives on your property and falls on your home, your homeowner’s insurance may cover the damage. If the tree is on your neighbor’s property and falls onto your home, you will likely still need your own insurance. Then your insurance company might be able to recoup from the neighbor’s insurer for the negligent act.
For cars, the same rules are often applicable. If you are struck by a tree on the inside of your car, your auto insurance may compensate for the damage, depending on your policy. If the tree owner was responsible, your insurance company can recover from the owner’s policy.
Insurance Coverage for Fallen Trees
Most homeowners assume that tree owners are always responsible for the damage caused by fallen trees. But it is not always the case. A fall in trees can have an insurance policy depending on the cause of the fall and the homeowner’s policy.
This is covered by homeowners’ insurance if the tree was felled under a covered risk of wind, lightning, or hail. Insurance may not, but, cover damages if the tree fell through neglect or mismanagement.
Consult your insurance policy and talk to your agent about coverage. You might need to contact a professional tree service if you are uncertain of your coverage. They can check the condition of the tree and give you estimates as to the damage or risk.
What Should You Do if a Tree Falls?
There are ways to respond if the tree falls on your property or if you have a wound.
First, make sure everyone is safe. Check a fallen tree if it is near power lines or unstable. If the tree is near a utility line, call the utility company immediately.
Then, document the damage. Scan the fallen tree and its damage.
Then, call a professional tree service. It is possible to remove the tree safely from the house, and you can assess the damage with a qualified tree firm.
If it is on your property or belongs to a neighbor, there may also be other professionals who can provide an expert opinion of the condition of the tree.
If the tree fell from someone else’s property, it might also be helpful to talk to the neighbor calmly and respectfully. Sharing information and working together may help to avoid a contentious exchange.
How KD Tree Service Can Help in Foxborough
If you are dealing with a fallen tree in Foxborough or its environs, call a team of professionals who have an understanding of the conditions and local rules in Southern Massachusetts. KD Tree Service Foxborough MA is a safe and reliable tree service that provides emergency tree removal services.
An experienced tree service will help you decide on the best course of action, whether it is tree removal, stump grinding, or tree trimming, to save you from problems in the future.
Preventing Tree Problems Before They Happen
Tree conflicts and tree damage can be effectively prevented.
Tree care can identify problems as early as possible.
This includes looking for dead branches, decaying leaves, or leaning trees that may fall in storms.
If you see a tree that is unsafe, it’s best to remedy the problem early. The removal of a dangerous tree, or even the trimming of branches, can reduce the damage and liability.
FAQ
Who is liable for a fallen tree in Massachusetts?
The owner of the tree is usually liable if the tree falls due to lack of maintenance or negligence. But if the phenomenon is caused by a storm or natural disaster, liability may vary depending on the circumstances.
What will happen if a tree from a neighbouring property falls onto mine?
You might have to depend on your own insurance first. If the tree owner was careless, then your insurance company might be able to get compensation from the neighbor’s insurance.
Is the tree owner always liable for damage caused by a fallen tree?
The answer is no, when the tree falls because of a natural disaster, then the owner might not be liable if the tree was not deemed unsound prior to the event.
Is there any tree damage covered by a homeowner’s policy?
Most policies cover the damage of fallen trees if the cause is a covered event, such as wind or lightning.
But coverage may vary from policy to policy, so check your insurance.
Who should I call if a tree falls in Foxborough?
For a professional and secure tree removal, call KD Tree Service Foxborough MA. They can assist with emergency tree removal and help prevent future damage. (774) 619-8890.
