Having well-maintained trees in your neighborhood provides benefits like shade, curb appeal, and a home for different ecosystems. However, neighborhood disputes often occur over tree damage liability. This begs the question: Who is liable for tree root damage?
The experts at Tree Care Inc., a trusted tree service in Nashville, are here to break down the answer. Discover how Nashville tree laws settle many of these disputes and the rights you have as a property owner affected by damaged trees.
Types of Property Damage Trees Can Cause
Before we dive into the liability of tree issues, it’s important to understand all of the ways that you might face property damage because of your trees or your neighbor’s. If any of these scenarios occur on your property, you might end up facing legal concerns over who’s liable for the damage.
Structures Falling on Personal Property
When most people think about property damage caused by trees, the first thing that comes to mind is a tree that falls on a home or building. In severe cases, trees can uproot and destroy different structures depending on where they land, including:
- Houses or businesses
- Garages
- Fences
- Decks
- Sheds
- Vehicles
Even if the whole tree doesn’t fall, large branches can produce significant damage if they were to fall on a car or power line. This can easily turn into a liability issue for anyone with a tree on their property that ends up damaging a neighbor’s property.
Extended Tree Roots Causing Sewer Damage
Tree damage doesn’t always manifest above the ground. Countless homeowners have issues with their plumbing systems because of healthy tree roots. The tree appears to be in good condition and the roots continue to grow beneath the ground until they hit a sewer line, which can result in pipe leaks and sluggish drains.
Who is liable for tree root damage to your sewer line? Keep reading to find out the answer to this nuanced question.
Roof Damage From Overgrown Canopies
A tree doesn’t have to touch your property to cause damage. Say a neighbor’s tree extends to your property and the overgrown canopy shades a portion of your roof. While this might not seem like a big deal at first, you could end up with roof damage because the excessive shade keeps the roof from drying after a rain storm.
Your roof may leak or sprout unsightly mold and moss because of this. You must recognize the potential damage that your neighbor’s trees can cause and the ways that you might be liable for the damage.
Uncovering Liability for Tree Damage
Who is liable for tree root damage? Can you trim parts of your neighbor’s tree? Below are some of the top Nashville tree laws that impact property owners.
Learn which scenarios assign liability to one property owner and the exceptions when no one holds the responsibility.
Weather Events
When severe weather brings plenty of rain, hail, and wind damage, trees become prone to falling on someone’s property. If lighting strikes and causes a branch from your neighbor’s tree to fall onto your roof, they won’t be responsible for the damage because it stems from an unforeseen act of God.
If you’re dealing with an uprooted tree, legal concerns become a bit murkier. Trees can uproot and cause extensive property damage because of flooding or high winds, in which case no one remains responsible. However, if the tree falls because of decay rather than a weather event, the person who owns it can be held liable since they are responsible for maintaining the tree’s care and mitigating risks.
Overgrown Trees or Roots
Who is liable for tree root damage and overhanging branches that fall? According to state law, Nashville property owners have a right to prune any tree limbs or roots that intrude on their lot, even if the tree’s trunk rests on a neighbor’s property.
This means that you can’t blame a neighbor if a branch from their tree damages your property. Local law prohibits you from cutting the tree down but you can trim branches or roots that encroach on your property if they have the potential to cause property damage.
Litter From Trees
A major issue that causes Nashville locals to research tree laws is the debris that falls from a neighbor’s trees. Say a tree sitting on your neighbor’s property drops half of its leaves onto your yard. Can you make your neighbor clear the debris?
Officials consider leaves and twigs general nuisances that have no proper owner once they fall. You can try to minimize the cleanup by trimming branches that extend over your property line but don’t have a case for making the neighbor clean debris from their tree. The one exception to this rule states that property owners with fruit trees can claim any pieces that fall from the branches.
The Importance of Tree Maintenance
Would you like to not worry about who is liable for tree root damage in your neighborhood? Avoiding tree-related property damage boils down to how well property owners care for their trees. For example, if you have a decaying tree on your property and notice branches drooping, you should trim them before they fall and try to reverse the damage with pesticide applications or disease management treatments.
Professional arborists can give you plenty of helpful maintenance tips, including:
- Fertilizer nutrients the soil needs
- Correct pruning techniques and frequency
- How to deter pests
Don’t ignore tree maintenance, as it can lead to costly property damage.
Let Our Professionals Address Your Tree Damage Concerns
Who is liable for tree root damage? What is the process for removing a fallen tree? At Tree Care Inc., we promise to answer all of your questions surrounding tree damage.
Our specialists have more than 30 years of industry experience and provide excellent service to property owners throughout Nashville and the surrounding areas. Reach out to us whenever you need professional solutions to common tree problems. Contact Tree Care Inc. at (615) 316-5166 to speak with an expert and request immediate service.
