Neighbors liability of tree branches over my house Sacramento CA
I just got a call from my tenant informing me that very large tree branch from the neighbors tree fell on the top of the house. I haven't gotten chance to inspect it yet, but there is likely to be some shingle and drywall damage.
This leads me to a couple questions:
- Is the neighbor's insurance liable even if the tree branch was hanging over my property before it fell? I know in California I have the right to trim the branches (with some limitations) that come over my property, but do I have the obligation?
- This tree is directly next to the property line, such that trimming all the branches over my house would take off half the branches. Could this limit my obligation/right to trim it? The case law regarding limitations on trimming your neighbor's tree seems ambiguous, for example you can't tree the trim if doing so could harm the tree.
- Should I preemptively contact my insurance company? They did a thorough inspection before insuring the property, but I'm concerned they might second guess that decision if I'm liable of the branches over my house.
Some more background information: This is a hundred+ year old neighborhood, that back in the day, decided planting giant cedar tress in the front of the houses was a good idea. These trees are massive: 60-80 ft tall, trunks 5 feet in diameter, branches the size of trees. One such tree is in my neighbors front yard, about 10 feet from either of our houses. When I moved into the house as an owner occupier 5 years ago, the tree was extremely neglected, with many dead branches. We had some work done on the tree on our side of the house, basically removing all the dead branches. The owner of the house next door was not in any condition to cooperate with us at the time. (Original owner passed away, daughter moved in and promptly picked up a meth habit). Since then the house was flipped. We've had multiple conversations with the current owner regarding the state of the tree, so she is aware it is an issue, but never anything in writing.
I should add that there is actually a high likely hood the branch came from a spot that was originally over my neighbors yard, in which case I assume there's no question of it being my neighbor's liability if the cause is neglect.
No Idea but am Curious of the outcome. When I bought my rental I removed the Digger Pine in the back yard for this very reason, I didn't want to, however with the way the tree had grown and the amount of neglect it had seen the tree guys recommended removing the tree as it was not an if but when the tree would fall. Half the tree was facing my rental and half the tree was facing a neighbor and I did not want to take that call at some point in the future.
Keep us posted on the outcome @Derek Daun.
My wife was able to swing by and take some pictures while I talked to my insurance company a bit.
It looks like a ~200lb branch fell about 20ft on to the roof. Luckily this house had a substantial remodel, and the roof is very well supported including kneel walls. I doubt the roof on my primary residence could have withstood the force. (Granted that house isn't parked under a giant cedar tree)
It looks like the branch was originally hanging over my neighbors yard, so it is not something I could have legally trimmed even if I wanted to. Based on the pictures, it looks like it was a live branch though, so it wasn't necessarily negligence on my neighbors part.
The surprising part is that my insurance company wouldn't have cared about negligence. I mentioned above that I've had conversations about the tree in the past with my neighbor. As suspected, that only matters if I have officially notified her in writing that her tree is a hazard. Without that, she can't be held liable.
So, it looks like in addition to have to some substantial clean up, I'll also have to be serving my neighbors some papers soon.
My, non-legal opinion is:
First, MITIGATE the problem - - reduce future exposure to a reoccurrence - - trim branches on your side of the property line at your own expense. The neighbor is not responsible that you knew or could have known and did nothing.
As to building damages - - seek legal counsel.
@Jeff B., in general I agree with you. We have trimmed the tree in a healthy manor to mitigate the major concerns. That doesn't mean we just cut off all the branches on our side of the property though, which is what would be required to take a conservative approach. In addition to that looking really bad, it could have legal consequences. Not very likely, but possible.
Say I aggressively trim the tree back. A 100 year old tree, weakened by drought, it could die. Two year later, a windstorm blows the whole tree down smashing two houses. I could be held liable.
@Derek Daun I think that there is an interesting mentality regarding claims and insurance. In my experience, the perception tends to be that it is black and white--either covered or not and there's no two ways about it--which to some extent is true and certainly perpetuated by insurance carriers in an attempt to scare people out of making claims.
The reality is though that the handling of claims is about as black and white as the law--usually it is relatively clearly defined, but always it is subject to a person's judgement.
If I was you, and definitely talk to your insurance agent, go to your neighbor, find out which insurance carrier they work with, take that information back to your carrier and have them pursue a claim against your neighbor.
A claims adjuster will likely be on your side for all the reasons you mentioned above, but a crappy thing that can often happen is--you need your roof fixed, your insurance carrier wants to help you so they decide they will pay your claim, then pursue subrogation with your neighbor's carrier...x,y or z happens, the subrogation is delayed, the other carrier has a better attorney...whatever, next thing you know, you are stuck with the claim on your record costing you increased premiums for insurance (in potentially multiple ways-auto, rental properties, umbrella...etc) and waiting (indefinitely) for the point/blemish to be wiped.
Never an easy scenario and always good to talk to your carrier, but I would definitely find the carrier of your neighbor and give that to your company, it should give them plenty to go on to keep this claim on the other side of the fence if you will.
Best of luck.