Virginia: Who is responsible if neighbor's tree branch falls into my back yard? (homeowners insurance)

[Baike]

Neighbor's backyard is too big, and he only takes care of small portion of backyard close to house. Far end of his back yard is like abandoned area, which is next to my yard back. Too many trees there, often, there are small branches falling into my backyard (by wind) and I can take care of it.

But if it is too big (maybe more than top 1/3 of whole tree, as photo shown, hanging on there, soon falling into my back yard), and I may need to call Tree Cutting Service to take away.

Virginia law: In this case, who is responsible for falling branch?

Thanks.

[Sydney123]

Lol ok.., I Googled Virginia and…..

If your neighbor's tree causes damage to your real or personal property, your homeowner's insurance will probably pay to repair the damages and remove the tree; If your tree or your neighbor's tree falls on your property, but hits nothing but the ground, it is probably your responsibility to pay for the tree removal.

I hope this helps. ( I have a lot of time on my hands here at night in the boonies). Lol
Hopefully some of your Virginia neighbors may have more insight.

[Baike]

Originally Posted by Sydney123

If your neighbor's tree falls on your property, but hits nothing but the ground, it is probably your responsibility to pay for the tree removal.

Thanks. This is all I want to know. But it may damage the fence.

[Sydney123]

Originally Posted by Baike

Thanks. This is all I want to know. But it may damage the fence.

If it does damage to your yard or fence your neighbor’s homeowners insurance should make it right.

[Bigfoot424]

This may help a little. Filing a small claims case in VA is very simple and no lawyer is needed. If they won't pay for damages for a broken fence then you may need this. But anything overhanging your side can be cut at your own expense and it has always been this way.

https://statelaws.findlaw.com/virgin...-virginia.html

[ChristineVA]

Here you go, everything you need to know: https://tingenwilliams.com/2018/brie...ree-law/27389/

My parents had this exact situation (in Maryland though) where a neighbor's tree fell on their fence and crushed it. They thought that the neighbor should pay for it. The neighbor was not negligant in letting a tree rot and ignorned it and so on. It was just big and it hung over into our yard. Storm came, bam. The Maryland law is much like the Virginia law I believe in that you'd have to prove the neighbor was willfully negligant by having a dying tree or something. Otherwise, it's up to YOUR homeowner's policy to fix. That will be the standard answer unless you go to small claims court.

But I feel your pain. I am the neighbor who who owns all four sides of my fence. Adjoining neighbors all have fencing but are using one of my sides for their fence, so I own the fence. We all have a lot of trees that are up against each other's property. They are those willowy "woods" kind of trees and they randomly fall with too much rain or wind. Many of my neighbor's trees area already lookng pretty dicey around my property line, so if they fall it's going to be on me to fix the fence.

[novadogs]

Call your insurance agent! That's what they're there for.
We had a tree that fell onto neighbor's house (it was very much alive and well) and both our insurance companies paid for the removal, then our respective companies paid for damages and repairs.

[WRM20]

If there is a problem with the tree, like obvious rot, send a registered letter to the neighbor so he has notice that his tree has a problem. That way he can't claim he didn't know. That makes it easier to have the neighbor be responsible for any damages.

[whiskeytangofoxtrotalpha]

Depends, if you buy a 12 pack I would help you move it, a 6 pack you're on your own, a keg and here come the tree contractors.