Severe thunderstorms in early July left trees uprooted and power out across Rhode Island. 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 Rhode Island, according to attorneys and town governments.
Who pays when a neighbor’s tree falls onto your property in Rhode Island?
Who is liable when a tree falls from a neighbor’s property depends on the circumstance, but are 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. Narragansett’s town website says that the affected property owner should submit a claim to their insurance company immediately, as they are usually responsible for taking care of the damages when a healthy tree falls over during an “act of nature,” like a tornado, hurricane, wind or winter storm.
But if the tree was 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.
“When homeowners know they have dying, diseased or unstable trees, it is their responsibility to take steps to prevent them from causing severe damage,” said Narragansett’s town website. “Homeowners should check their trees regularly and have them inspected at the first sign of disease or any health issues.”
The website says that a tree owner can also be held responsible if it fell onto a neighbor’s home when they were trying to cut down the tree without professional help.
A car was crushed by a tree on F. C. Greene Memorial Boulevard in Providence’s Roger Williams Park during the severe storm that hit Rhode Island on July 3.
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.
In the 1975 case Rosa vs. Oliveira brought to trial over some cut lilac branches, the Rhode Island Supreme Court ruled in favor of the neighbor who cut the limbs overhanging on her property. Since then, it’s held in court.
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 The Providence Journal: Who pays if your neighbor’s tree falls on your house? What RI law says
